In 1991, when Representative Elton Gallegly, a California Republican, sponsored a bill trying to restrict the Fourteenth Amendment, he referred to Schuck and Smith’s work. California, Gallegly said, had been enriched by the arrival of Latinos, Asians and others, but the rise in illegal immigration was a burden to law enforcement, medical facilities, schools and social welfare agencies. When considered together with the expanded welfare state, he said, the effects of birthright citizenship laws were “clearly harmful.” He also noted that it was harder to deport unauthorized parents if they had children who were citizens.
Gallegly’s bill died in committee, but support for the idea of restricting the application of the 14th Amendment grew. The epithet “anchor babies” gained traction in the early 2000s as a way to suggest that undocumented parents had children in the United States primarily to ward off deportation. For three years beginning in 2013, Texas stopped issuing birth certificates for some children of unauthorized migrants.
Unlike Schuck and Smith, most legal scholars believe that changing birthright citizenship requires ratifying a new constitutional amendment, a process that takes years and is unlikely to succeed. So many proponents of restriction would like to see the Supreme Court issue a decision that defines the amendment more narrowly. If Trump issues an executive order, it could force that court battle.
A New Constitutional Reset
In North and South America, where territorial birthright citizenship is standard, the policy has been a tool for strengthening statehood, said Maarten Vink, the co-director of the Global Citizenship Observatory, since it breaks immigrants’ links with their home nations and fosters deeper ties to their adopted country.
But the identities of these nations are now well-established, and as the global population turns more transient, more countries have tossed out jus soli. Since 1980, England, Australia, Ireland and New Zealand have all redefined citizenship so that it falls primarily along blood lines. In each case, new laws followed a rise in immigration from less developed regions of the world.
The concept of birthright citizenship, as outlined in the 14th Amendment of the United States Constitution, has long been a foundational principle of American identity. The amendment, ratified in 1868, grants citizenship to all persons born or naturalized in the United States, regardless of the citizenship status of their parents.
This provision has been crucial in shaping the fabric of American society, ensuring that all individuals born on U.S. soil are entitled to the rights and privileges of citizenship. It has played a pivotal role in promoting inclusivity and diversity, and has helped to foster a sense of unity among Americans of all backgrounds.
However, in recent years, the issue of birthright citizenship has come under scrutiny, with some politicians and activists calling for its abolition. President Donald Trump, in particular, has been a vocal critic of birthright citizenship, arguing that it encourages illegal immigration and undermines the integrity of American citizenship.
Trump has suggested that he may seek to end birthright citizenship through executive action, sparking a heated debate over the constitutionality of such a move. Critics argue that any attempt to alter or abolish birthright citizenship would be a direct violation of the 14th Amendment, and would set a dangerous precedent for the erosion of constitutional rights.
As Americans grapple with the implications of potential changes to birthright citizenship, it is important to remember the foundational principles that have defined our nation for over a century. The 14th Amendment was enacted to ensure that all individuals born on U.S. soil are recognized as citizens, and any attempt to undermine this fundamental right would be a betrayal of the values that have shaped America.
In the coming months and years, it will be crucial for Americans to remain vigilant in defending the principles of birthright citizenship and upholding the ideals of equality and justice for all. The future of America’s identity and unity may well depend on our ability to uphold the principles enshrined in the 14th Amendment.
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birthright citizenship, 14th amendment, America, Trump, immigration policy, citizenship rights, US constitution, presidential powers, legal precedent
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