The 14th amendment has been used incorrectly. People who were born in the US and who do not reside the US should never have been given citizenships.
The 14th amendment was written to give
former slaves citizenship. It
was used correctly to give citizenship to anyone born in this country, regardless of whether their parents were citizens or slaves or whatever.
I'm not saying a pregnant woman from another country should be able to fly to the US in 2018 and have a kid who gets automatic citizenship, but that is the way the constitution is worded... and as mentioned before, there is over 100 years of precedent to overturn if you want to change the way the law is interpreted
I know. I see two issues with it today.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.Foreigners and their children without legal status
are not subject to the jurisdiction of the US, nor do
they reside (legally) in the US.
I think the part "subject to the jurisdiction of the US" is in regards to political entities like diplomats.
Even if you are doing illegal things, you are still subject to the jurisdiction of the US (e.g. detention, sending back, court process etc) - except you have something like diplomatic immunity.
In that case, the parents were "legally domiciled" in the US.
Ok, what about the "wherein they reside"? Do babies whose mothers came to the US few days (weeks) before delivery,
reside in the US?
Canadian snowbirds who legally stay in the US for 5 months a year, do not
reside in the US. They just visit for 5 months.
Mothers who are in the country illegally should be arrested at the time when they try to register their baby's birth. End of story.
I guess we'll see how this will play out in the Supreme Court.