The principle of birthright citizenship, a cornerstone of American identity, is once again under scrutiny. President Donald Trump has announced his intention to end this automatic grant of citizenship to those born on U.S. soil. His declaration has sparked a debate over the constitutional and legal ramifications of such a move. Birthright citizenship finds its roots in the 14th Amendment of the U.S. Constitution, which was adopted in 1868 after the Civil War to clarify citizenship rights.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." – 14th Amendment of the US Constitution
President Trump’s vow to terminate birthright citizenship has raised questions about its feasibility. Legal scholars widely agree that he cannot achieve this through an executive order alone. The existing law stems from the 14th Amendment, and any change would require a constitutional amendment—a challenging process necessitating a two-thirds majority in both the House and Senate, and approval by three-quarters of the states.
Saikrishna Prakash, a constitutional expert and professor at the University of Virginia Law School, noted the complexity involved, stating:
"He's doing something that's going to upset a lot of people, but ultimately this will be decided by the courts." – Saikrishna Prakash
"This is not something he can decide on his own." – Saikrishna Prakash
The U.S. Supreme Court has historically upheld birthright citizenship. In a landmark decision in 1898, Wong Kim Ark v. United States, the Court affirmed that children born in the United States to immigrant parents are indeed U.S. citizens. This decision underscores the enduring legal foundation of birthright citizenship.
Globally, more than 30 countries, such as Canada and Mexico, follow similar practices by granting unconditional "jus soli" or "right of the soil" citizenship. However, the United States is among the few that extends this benefit to children born to unauthorized immigrant parents. According to Pew Research, approximately 250,000 babies were born to unauthorized immigrant parents in 2016 alone. By 2022, this number grew to about 1.2 million U.S. citizens born to such parents.
Ending birthright citizenship could have significant demographic impacts. The Migration Policy Institute predicts that doing so might increase the number of unauthorized immigrants in the U.S. to 4.7 million by 2050. The 14th Amendment not only established birthright citizenship but also settled post-Civil War debates regarding the citizenship status of freed slaves after the 13th Amendment abolished slavery in 1865.
Trump's proposal has caused concern among families across America. Although he has expressed his reluctance to "break up families," his plans could lead to a rise in mixed-status families where children are citizens, but their parents are not.
"I don't want to be breaking up families." – Donald Trump
The ongoing debate brings attention to how deeply embedded birthright citizenship is in American history and its role in shaping national identity. The discussion is not merely legal but also social, as it touches upon issues of immigration and the definition of American citizenship.
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