Keep pulling the thread on Citizenship Clause.
General Sauer argues that the Citizenship Clause of the 14th Amendment does not grant citizenship to the children of temporary visitors or illegal aliens because they lack the required allegiance to the United States.
General Sauer asserts that unrestricted birthright citizenship acts as a significant pull factor for illegal immigration into the United States.
A "birth tourism" industry has emerged, bringing thousands of foreign nationals from potentially hostile nations to the United States to give birth, creating American citizens with no meaningful ties to the country.
The executive order at issue in Trump v. Barbara determines citizenship eligibility based on objective immigration status, not the subjective intent of the parents to remain in the country.
The Supreme Court's ruling in United States v. Wong Kim Ark established that the 14th Amendment embodies the English common law rule, granting citizenship to virtually everyone born on U.S. soil.
The recognized exceptions to birthright citizenship under the 14th Amendment are a closed set limited to individuals subject to another sovereign's jurisdiction due to a "fiction of extraterritoriality."
The executive order at issue in Trump v. Barbara, if upheld, would cause thousands of babies born in the U.S. to immediately lose their American citizenship.
The Citizenship Clause of the 14th Amendment was adopted after the Civil War with the primary purpose of granting citizenship to newly freed slaves and their children.
The Civil Rights Act of 1866, by using the term "not subject to any foreign power," rejected the British common law concept of allegiance for citizenship.
According to Senator Lyman Trumbull, the phrase "subject to the jurisdiction thereof" in the 14th Amendment's Citizenship Clause means "not owing allegiance to anybody else."
The United States' policy of unrestricted birthright citizenship is not practiced by the overwhelming majority of modern nations.
Media reports estimate that over 1.5 million people from the People's Republic of China have engaged in birth tourism to the United States.