I put this on another thread but to increase exposure and discussion I am posting it here.

Laws are passed by Congress, there is no law giving illegal alien babies birthright citizenship. They acquire citizenship from Presidential Regulation, specifically 8 CFR 1401 which states:

Quote:
§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;


Notice how this leaves out the 14th Amendment debate where the Senators agreed "subject to the jurisdiction" meant "subject to the complete jurisdiction" and "excludes foreigners and aliens".

Also notice how in section (b) citizenship is conditional, while the OBLers always tell us birthright citizenship is absolute and cannot be denied for any reason. Obviously they are full of it.

The bottom line is, the President can change these regulations to more closely follow the 14th Amendment, or Congress can pass a law directing the President to change the regulations to more closely follow the 14th Amendment, meaning it would be easy to stop the current practice of citizenship for illegal alien babies.

It is also debatable that the current practice is unconstitutional, meaning it might be possible to revoke or make conditional the citizenship of current anchor babies.