I appeared on “The Kelly File” Friday to discuss the actual law about anchor babies.
Here’s the bottom line: the Supreme Court has never taken the issue as to whether the children of illegal aliens enjoy birthright citizenship.
The closest the Court came was a case from 1898 involving the child of legal permanent residents from China. There, the court found that the child was a citizen, but contrasted that finding with a potential case arising out of a child of a foreign invasion or a diplomat’s child.
On “The Kelly File,” I noted Congress has the power to clarify this issue under Section 5 of the 14th Amendment. But the bottom line is that, contrary to what some pundits have said, the Court has never taken the issue up and decided that the children of illegal aliens enjoy birthright citizenship: