Bride of ISIS

The following are not granted birthright citizenship under the XIVth Amendment even when born within the territory of the United States:
1. Children of a foreign sovereign. If the Queen of England gave birth while in America the child would not automatically be a citizen.
2. The child of an accredited ambassador or diplomat on the list of persons with diplomatic immunity under the terms of the Vienna Convention.
3. A child born on a warship transiting territorial waters. Seriously.
4. The child of "a camp follower of an invading army."

The status of the children of illegal aliens has never been adjudicated. If a state government declared the illegals to be invading army, as they can do under the Constitution, or if the federal government so declares them, then category (4) applies.

As I read category (4) if a woman either is an illegal herself or willingly has sex with a person she knew could be an illegal then she could qualify as a "camp follower." If a woman claimed that she had been raped and cooperated with authorities in attempting to locate her assailant then the child would be a citizen. The complexities that could give rise to have literary or theatrical value.

Both Congress and the states have the power to declare the US is under invasion. Congress can declare war but in this case against who? It is unlikely that we would declare war on Honduras and for the ISIS Brides the time arguably has passed. If the President declares the illegals are invaders, as his Emergency Declaration may have done, then it is possible that a determination for denying citizenship could be challenged in court.

For a US citizen who joined ISIS or married into it a judicial determination that citizenship was renounced, possibly with a treason conviction, might be needed. The State Department appears to claim the power to determine that administratively but I can see a due process challenge.

For a child of a person admitted to the US as a diplomat there never was a valid claim of citizenship and absent any subsequent naturalization her child, the former diplomats grandchild, has no claim.

Nothing prevents a person not granted birthright citizenship from applying for naturalization if they wish to become a citizen.