Source: Roger Froikin, November 2023
We are hearing more and more from politicians about the need to eliminate Birthright Citizenship for those not legally citizens of the USA. The problem is of people coming into the USA illegally, having children in the USA, and claiming the right to stay based on the American birth of a child. BUT WHAT MOST OF THESE POLITICIANS DO NOT SEEM TO KNOW, IS THAT BIRTHRIGHT CITIZENSHIP ALREADY DOES NOT EXIST FOR ILLEGALS.
The us Supreme Court has already decided the issue: United States v. Wong Kim Ark
Supreme Court of the United States, Argued March 5, 8, 1897
Decided: March 28, 1898
Citations 169 U.S. 649 (more)
18 S. Ct. 456; 42 L. Ed. 890; 1898 U.S. LEXIS 1515
In this case, a daughter born in the USA to two Chinese citizens who were legally resident in the USA, was declared to be a citizen.
The majority opinion of the Court ruled on the basis of the legal status of the parents being the determining factor.
Therefore, had they not been legally in the USA, the result would have been the opposite, and the daughter could not have claimed citizenship in the USA.
So, right now, without passing new laws, no child of illegals giving birth in the USA, should be granted citizenship.
This is also applicable to International Law. NO OTHER NATIONS OUTSIDE THE USA OFFER BIRTHRIGHT CITIZENSHIP. I think that Australia experimented with it for a short time, but then reversed itself.