Birthright Citizenship

“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.” — Amendment XIV, Section 1.

In the U.S., children obtain their citizenship at birth through the legal principle of jus soli (“right of the soil”)—that is, being born on U.S. soil—or jus sanguinis ("right of blood”)—that is, being born to parents who are United States citizens.

Definition of "subject to the jurisdiction" of 31 C.F.R. § 515.329 Updated June 27, 2018 § 515.329 Person subject to the jurisdiction of the United States; person subject to U.S. jurisdiction The terms person subject to the jurisdiction of the United States and person subject to U.S. jurisdiction include: (a) Any individual, wherever located, who is a citizen or resident of the United States; (b) Any person within the United States as defined in § 515.330; (c) Any corporation, partnership, association, or other organization organized under the laws of the United States or of any State, territory, possession, or district of the United States; and (d) Any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by persons specified in paragraphs (a) or (c) of this section. [50 FR 27437, July 3, 1985, as amended at 68 FR 14145, Mar. 24, 2003; 80 FR 2292, Jan. 16, 2015; 81 FR 13991, Mar. 16, 2016]

Definition of "person" as quoted in clause b above

§ 515.330 Person within the United States. (a) The term person within the United States, includes: (1) Any person, wheresoever located, who is a resident of the United States; (2) Any person actually within the United States; (3) Any corporation, partnership, association, or other organization organized under the laws of the United States or of any State, territory, possession, or district of the United States; and (4) Any corporation, partnership, association, or other organization, wherever organized or doing business, which is owned or controlled by any person or persons specified in paragraphs (a)(1) or (a)(3) of this section. (b) [Reserved] [ 28 FR 6974, July 9, 1963, as amended at 68 FR 14145, Mar. 24, 2003]

Definition of "complete jurisdiction" as per the US law Power or right of a legal or political agency to exercise its authority over a person, subject matter, or territory. Jurisdiction over a person relates to the authority to try him or her as a defendant. Jurisdiction over a subject matter relates to authority derived from the country's constitution or laws to consider a particular case. Jurisdiction over a territory relates to the geographic area over which a court has the authority to decide cases. Concurrent jurisdiction exists where two courts have simultaneous responsibility for the same case.

Did the author of the Citizenship Clause really say it would exclude the children of "foreigners"? Read for yourself and know the truth.

Following Howard's statement, senators went on to debate whether it was wise to extend citizenship to the children of foreigners. During the May 30, 1866 Senate debate over Howard's proposed Citizenship Clause to the 14th Amendment, several senators discussed whether it was a good idea to extend citizenship to the children of foreigners, as Media Matters for America has noted. The debate indicates that they believed the Citizenship Clause would apply to the children of foreigners. For instance, Sen. Edgar Cowan of Pennsylvania, who voted against the 14th Amendment, aired his concerns that Chinese immigrants would overrun California, and Sen. John Conness of California stated:

"The proposition before us, I will say, Mr. President, relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens. We have declared that by law; now it is proposed to incorporate the same provision in the fundamental instrument of the nation. I am in favor of doing so. I voted for the proposition to declare that the children of all parentage whatever, born in California, should be regarded and treated as citizens of the United States, entitled to equal civil rights with other citizens of the United States."

Full read up: https://www.mediamatters.org/research/2010/08/09/did-the-author-of-the-citizenship-clause-really/168957

Going by the above clauses and definitions, in the case of "jus soli" citizens, parents' status does not matter and is irrelevant, unlike "jus sanguinis".

"Subject to the jurisdiction thereof" does automatically apply to these children, starting on the day of their birth on US soil. Parents being subject to it or not is irrelevant.

Naturalized citizens: It will come into play for naturalized citizens, with an additional baggage of them having to prove their allegiance to the US by living in it, being free of a criminal profile, and not subject to foreign power (i.e., their country should be alright with dual citizenship, like the US, or the person applying for naturalization should denounce their home citizenship and embrace US citizenship.)

To be noted: USA permits dual citizenship, as occurred after a Supreme Court ruling in 1967. People who have held dual citizenship since birth or childhood — or who became citizens of another country after becoming a US citizen, were not asked to renounce their previous citizenship, and can remain dual citizens in the United States. This would be very well applicable to the kids born via "jus soli".

Side note: Everyone in the US, both citizens and non-citizens, are subject to its full jurisdiction. Even those which citizens claim that they have exclusive access to.

Examples Selective Service: Even non-citizens between the ages of 18-26 have to enlist with selective service.

Jury Duty: All US residents can be issued jury summons, and they are subject to bench warrant if they do not respond by citing their reason to be excused, just like any other citizen. Reasons for excused absences from jury duty include disabilities, personal views about the case, etc. In addition, it is integral to remember that certain classes of citizens are exempt from jury duty due to the nature of the job.

Voting: The federal law does not prohibit non-citizens from voting in state or local elections, but no state has allowed non-citizens to vote in state elections, since Arkansas became the last state to outlaw non-citizen voting in 1926. Eleven local governments, ten of them in Maryland, allow non-citizens to vote in their local elections. San Francisco allows noncitizens parents to vote in School Board elections (beginning in 2018). In any case, voting rights are optional for citizens, and not a mandatory act in the US yet. Diplomats: Not all diplomats have immunity, and several can be tried in the US courts of law. Even those with immunity can be tried in the US court of law for serious crimes by requesting a waiver. If a waiver is not granted, they can be still tried in the immigration court, and expelled from the country for life under the immigration laws.

Therefore, everyone in the US is subject to its full jurisdiction, and no one is above or below the law. Furthermore, Howard's message was not intended to exclude aliens (instead, it was just limited to diplomat family members), and the statements of allegiance and foreign power are meant for naturalized citizens, as stated in the Citizenship Clause.

The only way to end birthright citizenship would be an amendment to abolish the "jus soli" principle. Additionally, as per Clause 3: Bills of Attainder and Ex Post Facto Laws: "Clause 3: No Bill of Attainder or ex post facto Law shall be passed."

Explanation: A bill of attainder is a way that a legislature acts as a judge and jury, declaring that a person or group of people are guilty of a crime and stating the punishment. An ex post facto law criminalizes acts retroactively, allowing people to be prosecuted for acts that weren't illegal at the time they did them. Therefore, retroactive measures are uncalled for.

If the true intention is to stop birth tourism or illegal immigration, the best action to take is to make an amendment which, if passed by Congressional bodies, can become a law for the future populace of the United States of America.

Work cited https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

https://www.thoughtco.com/constitution-article-i-section-9-3322344

https://www.mediamatters.org/research/2010/08/09/did-the-author-of-the-citizenship-clause-really/168957