Dershowitz: Children Born to People in U.S. Illegally and then Live in U.S. Have Birthright Citizenship

On Wednesday’s broadcast of the Fox Business Network’s “Kennedy,” Harvard Law Professor Alan Dershowitz argued that if a child is born in the U.S. to people who are in the country illegally and that child then resides in the U.S. after they’re born, that child is a citizen. He also said that if a child is born to tourists in the United States and that child does not reside in the U.S. after they’re born, that child may not be a citizen.

Dershowitz stated, “I think there are two issues. I think, if a person is born to illegal citizens and lives in the country, there’s nothing you can do. You can’t take away his citizenship. Because he was born in the country and is subject to the jurisdiction of the country. But if a tourist comes to the country and has a baby and then leaves the country with the baby, and for 30 years, has never come back, I don’t think that baby is necessarily a citizen. Because that baby was not subject to the jurisdiction of the United States. That hasn’t been tested.”

Follow Ian Hanchett on Twitter @IanHanchett

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