If an illegal alien has a child on American soil, the Constitution does not require the child be granted American citizenship. Congress can give citizenship to anyone it wants, but the Fourteenth Amendment only commands citizenship to persons born on U.S. soil to parents who are not citizens of a foreign country.
Part of the chaos on America’s southern border is driven by illegal aliens seeking to have “anchor babies.” Under the current Immigration and Nationality Act (INA), if an illegal alien has a baby on U.S. soil, that baby is an American citizen.
Since all citizens have a right to be here, the illegal adult then cites the need to keep families together as justifying the parents' staying in the U.S. for the rest of their lives, and “family reunification” is cited as grounds for bringing the rest of the family to the United States.
However, Congress could change that law any time, because it goes far beyond what the Constitution commands. Section One of the Fourteenth Amendment begins, “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.”
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