The Corner

‘. . . And Subject to the Jurisdiction Thereof’

A reader responds to my post on “diplomatic immunity” for illegal aliens:

As someone on the more libertarian side of the immigration debate, I’m generally horrified by what you post on immigration policy.

That said, I’ve been even more horrified by the other side since about 2007ish — the Mexican flag rallies, etc., etc.

So your post got me thinking.  The 14th Amendment follows the old common law rule and extends birthright citizenship to all those born on American soil save for the children of accredited diplomats and enemy aliens accompanying an invading army, as neither are subject to American laws.

If we’re going to say now that illegal aliens are not subject to American laws — and that seems to be where the lefties are taking us — why, then, clearly their children are not subject to the jurisdiction of the United States when they’re born (t)here.  And therefore are ineligible for American citizenship at birth.

Not a serious point just yet — but it’s getting closer every day, I suppose.


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