The Fourteenth Amendment to the U.S. Constitution in part states, “all persons born or naturalized in the in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This part of the amendment gave the same rights to people born in other countries to legally become American citizens. Additionally, the current practice under this clause is to allow any baby born in America the absolute right to American citizenship. That is, even if the baby is born to parents illegally in the country to be a natural citizen of the U.S.  Notable authorities such as academic Samuel P. Huntington PhD. refers to this as the “Anchor Baby” effect. Interestingly, neither the U.S. Congress nor the Supreme Court has ever ruled explicitly on the true intentions or language of the amendment that addresses this so far unchallenged interpretation.

The result of this tradition has accelerated a growing population of undocumented immigrants forced to live in the shadows of our society and a spike in population growth that could increase by one hundred million people in the next thirty years. Because the Supreme Court, Congress and the states have failed to decide on14^th-Amendments intended purpose, law and order has been neglected and granting birthright citizenship has facilitated the illegal immigration problem facing our country.

The 14^th-Amendment itself reflected upon post-Civil War reforms and beliefs that were reshaping the nation. The first clause to the amendment never emphatically states who the beneficiary would be. However, the purpose was to address the challenges to include and corrected past wrongdoings to newly freed Blacks by a Reconstruction Congress. Additionally, it prevented state-governments from denying citizenship to Black-Americans born in the United States. However, there is insight into the motivations that shaped the clause in the amendment. In 1866, Senator Jacob Howard, one of the authors of the amendment, commented directly about the purpose and true intent of the 14^th Amendment by writing:

Every person born within the limits of the United States, and subject to their jurisdiction,    is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.

 The “jurisdiction” part of the language of the amendment came from Senator Lyman Trumbull who authored some of the first legislation enfranchising freed slaves to include the 14^th Amendment. He quoted his understanding of the 14^th amendment: 

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.

Senator Trumbull’s motivation to the jurisdiction clause was to secure citizenship for freed slaves and their children that had lived on U.S. soil. The intent of the framers is expressed and clear, as Senator Trumbull is recorded in the May 30, 1866 edition of the Congressional Globe.

This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.

Senators Trumbull and Howard had the understanding and agreement that illegal aliens were not included in neither the intent nor the language of the amendment. Legally speaking, as they understood it to be, the country of a citizen has claim of allegiance on that citizen and any child born to them so long as they are still a citizen of that country. They stated in unequivocal terms that if a person entered illegally then their allegiance to the United States is incomplete; therefore, denies them and their offspring citizenship. Concluding from this, persons or families who are defying the “jurisdiction” of the United States cannot also be “subject to” it.  

These revelations directly contradict the general understanding of the 14^th-Amendment and creates great undermining precedence to the illegal immigration issue. Therefore, if the offending belief spawns from the current understanding of the 14^th Amendment’s birthright citizenship clause and no official ruling has ever taken place to decide upon it, then it should be incumbent upon the powers of the land to do so.  Amending the Constitution is an arduous undertaking and history shows that Amendments are rarely added. However, a decision could be put to rest the competing interpretations and help eliminate legislative hang ups in immigration laws. Initiatives by either judges or by an Act of Congress could set the precedence and finally give a starting place to a major domestic issue that will shape elections and drive domestic policies for years to come. A Constitutional amendment is not required. Political will is. Some legal theorists, and the general knowledge of the public believe that another amendment to the Constitution would be needed to end automatic birthright citizenship.  

Contrary to this belief, legislation to enforce the limits in the Citizenship Clause is within Congress’ duty and constitutional power. As the 14^th Amendment, it explicitly states: “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” The issue is properly one for the Congress, pursuant to its powers under Article I of the Constitution and the explicit grant of Congressional enforcement authority in Section 5 of the 14^th Amendment.

Like all good things, especially involving handouts, there are bound to be too many guest. Currently, our country is now home to an estimated 10 million to 30 million aliens who have broken our laws to enter this country. All most all of them will find their way into our generous taxpayer funded programs: healthcare, welfare, schools and prisons, further escalating the future depletion of necessary services funded by the American people.

When pipes burst and the bathroom floods, no one discusses buying new wallpaper or vinyl-flooring first, you call a plumber to fix the leak. It is past time for leaders to come together and discuss the true language and meaning of the 14^th-Amendment for immigration reform. Those who enter illegally, not under the sponsorship of the United States government, are therefore not under its jurisdiction. The intent of the 14th Amendment’s authors was clear. Before any litigation can be discussed, whether it be mass-amnesty, limited-amnesty, border walls or deportation; the 14^th Amendment must be debated and redressed first before any meaningful measures on immigration can be decided.