TIL: Texas tried making the argument that unauthorized immigrants aren’t “within the jurisdiction” of the state for 14th Amendment (equal protection) purposes back in 1982. The Supreme Court laughed that one out of the room. supreme.justia.com/cases/federal/…
Two points worth noting: Though it was an equal protection case, the court made an explicit analogy to birthright citizenship. And though the case went 5-4, all 9 justices agreed that unauthorized immigrants are “within the jurisdiction” of the state.
From the opinion: “[N]o plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful.”
