IRLI Attorney Testimony: Children of Illegal Aliens are Not Entitled to Birthright Citizenship
March 06, 2025
The 14th Amendment of the United States Constitution was ratified in 1868, in the wake of the Civil War, to ensure that emancipated slaves were recognized as American citizens.
The language of the amendment states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof,” are citizens of this country. That citizenship clause has been erroneously applied, with few exceptions, to mean that anyone, including the U.S.-born children of illegal aliens, are automatically American citizens. This ignores what it means to be subject to the jurisdiction of the United States.
This misinterpretation was recently challenged in Congress during a hearing held by the House Judiciary Subcommittee on the Constitution and Limited Government, which is chaired by Rep. Chip Roy (R-Texas). During the hearing experts made the convincing point that birthright citizenship cannot apply to the children of foreigners who entered by violating our immigration laws.
https://www.fairus.org/blog/2025/03/06/irli-attorney-testimony-children-illegal-aliens-are-not-entitled-birthright