What about the child of a citizen and an illegal immigrant? Would they be citizens or illegals?
Who does the 14th Amendment say it applies to? Are specific classes of people included or excluded? Here is what the 14th Amendment says:
https://www.law.cornell.edu/constitution/amendmentxivSection 1.
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
and subject to the jurisdiction thereof
This is the catch- the only restriction. They are citizens if they are subject to the jurisdiction of the United States. Ambassadors are not subject to the jurisdiction of the United States by international treaty. Native Americans were also similarly exempted from US jurisdiction- considered their own nations within the boundaries of the US until Congress changed it. Are immigrants (legal or not) subject to the jurisdiction of the United States? Do our laws apply to them while they are in the country? If they break a law, can they be arrested or charged with a crime?
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