The 14th Amendment Does Not Grant Citizenship to Children of Illegal Immigrants
Source: Joseph Addington. "Two Wongs Don’t Make a Right - The American Conservative." April 9, 2026. www.theamericanconservative.com
The Gist
Coulter argues that the Constitution never actually granted citizenship to kids born to illegal immigrants. She claims this idea came from a judge's offhand comment in 1982, not from any real law or court decision.
Conclusion
Children born to illegal immigrants on U.S. soil are not automatically U.S. citizens under the 14th Amendment
Premises
- The 14th Amendment was specifically written to grant citizenship to freed slaves, not immigrants
- The 1898 Wong Kim Ark case only applied to children of legal immigrants who were 'permanently domiciled' residents, not illegal immigrants
- Justice Brennan's 1982 assertion about anchor baby citizenship was mere dicta (non-binding commentary) in a footnote, not established law
- The concept of illegal immigration didn't exist in 1898 when Wong was decided, making it irrelevant to modern illegal immigration
- The phrase 'subject to the jurisdiction thereof' in the 14th Amendment excludes those in the country illegally
- No court has ever explicitly ruled that children of illegal immigrants are citizens by birthright
Assumptions
- The original intent of constitutional framers should determine current interpretation
- Legal precedent from cases addressing different circumstances should not be broadly applied
- Being 'subject to jurisdiction' requires legal presence in the country
- Constitutional amendments should be interpreted narrowly based on their historical context