Arlin sent me this idea - I hadn't even thought to examine the text of the fourteenth Amendment in this way. Nice work Arlin. So here it is on the web now.
14th Amendment Text:
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Where are the lawyers on this one? All persons born...in the United States, AND SUBJECT TO THE JURISDICTION THEREOF.
You could argue: If you're here illegally - you are operating outside the law. Still subject to the jurisdiction of Mexico (who are we kidding, right? yeah, like they all come from Japan or something) and therefore not a citizen of the US at birth.
Take this and pass it on!
posted by sooyup