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14th ammendment

Amendment XIV, Section 1, Clause 1:
  • 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.

In Wong Kim Ark (169 U.S. 649 (1898)) the Supreme Court held that under the Fourteenth Amendment to the U.S. Constitution, a man born within the United States to foreigners (in that case, Chinese citizens) who have a permanent domicile and residence in the United States and are carrying on business in the United States[10] and who were not employed in a diplomatic or other official capacity by a foreign power, was a citizen of the United States. (Wiki)

Alternatives to Birthright Citizenship
by Will Wilkinson on August 10, 2010

Birthright Citizenship Act of 2009 - Amends the Immigration and Nationality Act to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is:

  1. a U.S. citizen or national;
  2. a lawful permanent resident alien whose residence is in the United States; or
  3. an alien performing active service in the U.S. Armed Forces.