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Decision in 1898 dealing with people born here in the united states. we're talking about the chinese at that time. we've seen this type of rhetoric over and hopefully the more calm, reasonable voices will come out. people usually try to find a simple solution, like putting up a fence or a wall. i live on the border and i think a wall is a 14 century solution to a 21st century problem. we just can't just wall ourselves, the whole u.s. we have to look at what are the root problems we have in the country and work with those countries. we can't be the police for the whole world but there's a lot o...

It says anyone born on u.s. soil is a u.s. citizen. >> a supreme court decision. >> 1898. >> involving a chinese immigrant. >> san francisco-born chinese descent, raised exactly this issue. it's well settled as a matter of supreme court precedent. it's well settled as a matter of just the plain reading of the text. there's sort of the restrictionists are coming out saying subject to the jurisdiction means an illegal alien is here in america, and they have a kid, they're not subject to the jurisdiction. this is crazy. they're essentially saying, if an immigrant commits a crime, they cannot be p...

Decision in the late 1 -- 19th century. >> 1898. >> involving a chinese immigrant. they're not subject to the jurisdiction. this is crazy. they're essentially saying if an immigrant commits a crime, they cannot be prosecuted for it. >> james. but nonetheless, all the republicans are getting behind trump on this in some form or fashion. smart politics? >> i hope not. i think it's refreshing to see chris christie say that really the problem here is lawlessness.

Anchor babies. if you cross the border, have a child, that would automatically bestow citizenship. and that debate as gone on. those go back to decisions from 1898 where the courts seemed accept that even illegal immigrants would be able to benefit from birthright citizenship. >> you talked about anchor babies. that's the term used by people who are generally against people coming here and having babies. let me show you the numbers. it's interesting. about 36,000 birth tourists -- that's another term used in this -- have children in the u.s. and birth tourists means women who come here specifi...

That's about 9% of the babies born. these are real numbers. this is an issue that needs to be dealt with one way or another. has the supreme court ever ruled on this? >> you know, the supreme court has really danced on the edges here. i mentioned the 1898 case involving chinese illegal immigrants. the court has made a couple of references indicating it views illegal immigrants as falling within these definitions of birthright citizenship. this really came from england. we imported this from our english roots. most countries, however, do not recognize birth right citizenship. they don't recogni...