The loophole is made possible by the United States' longstanding policy of granting citizenship to children born within its territorial borders regardless of whether the parents of such children have violated the nation's sovereignty by crossing the border illegally.
Racial profiling is an affront to the core values and principles in the Constitution because it violates civil liberties, equality, and fairness.
The Fourteenth Amendment of the U.S. Constitution contains a number of important concepts, most famously state action, privileges or immunities, citizenship, due process, and equal protection—all of which are contained in Section One.
The Court said, “separate is not equal,” and segregation violated the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Warren wrote in his first decision on the Supreme Court of the United States, “Segregation in public education is a denial of the equal protection of the laws.
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.
What is racial profiling? A generally accepted definition is using racial characteristics in determining whether a person is considered likely to commit a crime or an illegal act or to behave in a certain manner. Profiling violates the Fourth and Fourteenth Amendments.
The operation of the Fourteenth Amendment is designed to bar state-practiced and operated racial discriminated against African Americans. Here, it is stated that racial profiling as a practice violates the tenets of the Fourteenth Amendment both in its essence and in its text.
Profiling is also a form of prejudice, that is, judging a person by exterior characteristics rather than indisputable facts. The Fourteenth Amendment requires that all citizens be treated equally under the law.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
A major provision of the 14th Amendment was to grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people.