Not so fast… The 14th Amendment states: “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.” What does that mean, “subject to the jurisdiction of”? Senator John Bingham, widely regarded as the author of the 14th Amendment said during the floor debates on the 14th Amendment: “…every human being born within the United States and subject to the jurisdiction thereof… excludes all persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers…” Congressional Globe, 39th Congress, 1st Session (1866) Page 2540 (May 10, 1866) And Senator Howard added: “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.” The 14th Amendment is clear on its face. If there was any doubt whatsoever, Senators Bingham and Howard removed it with the comments they made on the Senate floor. Illegal aliens were not considered to be “subject to the jurisdiction of the United States” and any child born of someone in this country illegally is not entitled to citizenship. Elk v. Wilkins (1884) is the only Supreme Court case before or since that directly interpreted the meaning of “subject to the jurisdiction thereof” in the Citizenship Clause of the 14th Amendment. John Elk was an American Indian born on a reservation within the territorial limits of the United States. He later renounced his tribal allegiance, moved to Omaha, Nebraska, and tried to register to vote. Election officials refused, saying he was not a citizen. Elk sued. The Supreme Court ruled that Elk was not a citizen under the 14th Amendment, even though he was born on U.S. soil. This is why the Indian Citizenship Act was passed by Congress years later, for the express purpose of giving native Americans citizenship. No one else. In 1898, the Supreme Court decided the case of United States v. Wong Kim Ark . The court did not directly address birthright citizenship for children of parents in the US illegally. The case involved a person born in the US whose parents who were legal residents. The court ruled that children of those here legally are citizens. SCOTUS has never ruled specifically that children born here of illegal alien parents are entitled to US citizenship.