Harvard Law Professor Alan Dershowitz who recently spoke to Fox Business Network stated that if a child is born in the country to parents of illegal immigrants and lives in the U.S. then the child is a citizen. However, if the child is born in the United States and is a child of tourist parents and does not plan to reside here, then the child can’t be a citizen.
Dershowitz said, “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.”