Why not simply answer the question rather than deny the merits of the question?
Were Harris’ parents lawful permanent residents at the time of her birth? If so, then under the actual holding of [the 1898 Supreme Court case] Wong Kim Ark, she should be deemed a citizen at birth — that is, a natural-born citizen — and hence eligible. Or were they instead, as seems to be the case, merely temporary visitors, perhaps on student visas issued pursuant to Section 101(15)(F) of Title I of the 1952 Immigration Act? If the latter were indeed the case, then derivatively from her parents, Harris was not subject to the complete jurisdiction of the United States at birth, but instead owed her allegiance to a foreign power or powers — Jamaica, in the case of her father, and India, in the case of her mother — and was therefore not entitled to birthright citizenship under the 14th Amendment as originally understood.
Despite the Democrats’ “open border” agenda, which subordinates the law to their political objectives, the notion of “birthright citizenship” is erroneous. It is clear that the drafters and ratifiers of the 14th Amendment never intended it to confer citizenship on the children of illegal aliens. Leftmedia “fact-checkers” who dismiss Harris’s parents’ status as irrelevant completely ignore that aspect of the question. In fact, parental legal status is the entire premise of the “anchor baby” debate.
As noted by Eastman, the 14th Amendment states, “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.” The phrase “subject to the jurisdiction thereof” is key, regardless of the media effort to ignore rather than address the real argument. Contrary to the constitutional mandate, the Immigration and Naturalization Act (INA) of 1952 establishes in U.S. Code what “jurisdiction” means, and, according to the State Department, that includes children born to illegals.
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