David Vitter is a Senator from Louisiana. (You might remember him from a prostitution scandal several years ago, when he confessed to availing himself of the services of a notorious Madam). He has written an opinion piece for the Hill, which covers Capitol Hill in DC. It starts like this:
Every 93 seconds a beautiful baby is born in the United States . . . to illegal immigrant parents. Due to the current misinterpretation of the 14th Amendment, that child is immediately deemed a U.S. citizen–and given all the related financial, legal, and social benefits, which includes opportunities for those illegal immigrant parents to cash in on many of the benefits.
Dues to a current misinterpretation? This is settled law in the United States. Multiple Supreme Court cases have ruled on this issue, the original and most famous of which is 169 US 649: US v. Wong Kim Ark. Decided in 1897. Current misinterpretation?
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.”
The phrase “and subject to the jurisdiction thereof” clearly means something. It’s clearly an additional requirement beyond simply being physically born here. And it clearly suggests the ability of Congress to define such jurisdiction.
This is complete junk and a disavowal of the facts behind the Supreme Court case which determined citizenship for people born in the United States. (Does the Senator mean to suggest that immigrants here legally or not are subject to the jurisdiction of someone else?)
The American people recognize that we cannot continue with our current free-for-all birthright citizenship practice.
No, this is not true. There is no movement to overturn the 14th Amendment. There are nativists, people who can be compared to the Know-Nothings of the 19th century, who want to deny people born in the United States of America citizenship. What do the words inscribed on the base of the Statue of Liberty say?
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door.”