The courts decided it long ago. Not totally true. Some aspects were determined, but that of children born to those here illegally, has yet to be addressed.
Birthright Citizenship in the United States Center for Immigration Studies Article.
•The U.S. Supreme Court has held that the U.S.-born children of permanent resident aliens are covered by the Citizenship Clause, but the Court has never decided whether the same rule applies to the children of aliens whose presence in the United States is temporary or illegal.
In the United States, birthright citizenship has been the subject of congressional hearings and proposed legislation for at least the past two decades.
The effort to end automatic birthright citizenship in the United States has come from across the political spectrum. Sen. Harry Reid (D-Nev.) introduced legislation to end automatic birthright citizenship in 1993, the Republican Party made the end of automatic birthright citizenship part of its 1996 platform, and the current Congress saw the introduction of the “Birthright Citizenship Act of 2009” by Rep. Nathan Deal (R-Ga.). The current bill has attracted nearly 100 co-sponsors.20 Since 1993, legislation to end birthright citizenship has been introduced in each Congress.21
The latest legislation would limit birthright citizenship to persons born in the United States to at least one parent who is either (1) a citizen or national of the United States, (2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3) an alien performing active service in the armed forces. It is an effort to define who is “subject to the jurisdiction” of the United States, a clause found in the 14th Amendment of the U.S. Constitution that dictates the scope of birthright citizenship, as discussed later.
Some interesting reading in this section of the Center for Immigration Studies Article......The Supreme Court Weighs In
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