The End of Birthright Citizenship? A Question of Legal Rights and National Identity
Immigration #138 | By: Morgan Davidson | December 19, 2024
US RESIST NEWS has asked Morgan Davidson, one of our outstanding Reporters, to chronicle and analyze Trump administration efforts to deport 11,000 Immigrants.
Photo by Courtney Hedger on Unsplash
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Summary
Birthright citizenship, a cornerstone of America’s identity as a nation of immigrants, has come under scrutiny with President Trump signaling his intention to end it following electoral victories and Republican control of Congress.
The Fourteenth Amendment, ratified after the Civil War, declares:
“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.” This provision unequivocally grants citizenship to anyone born on U.S. soil, regardless of their parents’ citizenship. It ensures citizenship is not tied to lineage, race, or political allegiance—principles central to America’s democratic values.
This article explores the history and importance of the Fourteenth Amendment, the practicalities of its birthright citizenship provision, the motivations behind Trump’s push to amend it, and the legal and political hurdles such a move would entail. While the Trump administration may hesitate to pursue a constitutional amendment, given the high thresholds and obstacles involved, reversing this constitutional right would have profound and long-lasting impacts on the social and legal fabric of the United States.
Analysis
The Fourteenth Amendment was ratified in 1868 to address the injustices of slavery, ensuring that children born to formerly enslaved individuals would be recognized as full citizens. This amendment sought to dismantle the racial and social hierarchies of the time by guaranteeing that citizenship could not be denied based on race or ancestry. This was especially vital in the Reconstruction-era South, where laws were designed to strip Black Americans of their rights.
Birthright citizenship remains vital today, ensuring that all individuals born on U.S. soil have access to rights such as education, healthcare, and civic participation. It prevents the creation of a stateless underclass, where children of non-citizen parents could be left without legal identity, vulnerable to exploitation. The policy also strengthens diplomatic relations. Foreign diplomats, military personnel, and international workers posted in the U.S. benefit from birthright citizenship as it allows their children to have American citizenship, fostering positive ties between countries. Many other nations, including Canada, the UK, France, and Brazil, also grant citizenship to children born on their soil, reflecting the global recognition of birthright citizenship’s importance.
If birthright citizenship were revoked, defining citizenship would require alternate criteria such as lineage, residency, or legal status of parents. Such systems risk creating legal ambiguities and would likely exclude significant groups, deepening inequalities and undermining principles of inclusivity central to American identity. Historical precedents, like apartheid South Africa or Germany under the Nuremberg Laws, demonstrate the dangers of restrictive citizenship policies.
Motivations Behind Trump’s Push
The push to amend or eliminate birthright citizenship is rooted in a mix of political, ideological, and cultural motivations. At its core, it reflects a growing hostility toward immigrants, driven by fears about national security and economic stability. This sentiment aligns with nationalist ideologies that prioritize a narrowly defined concept of American identity, often excluding those who do not fit a particular racial, ethnic, or cultural mold.
For Trump and his allies, challenging birthright citizenship is a way to redefine what it means to be American—shifting the narrative from inclusivity to one that is more exclusive, based on heritage and ethnicity. This approach resonates with certain segments of the electorate who feel threatened by demographic changes and the loss of traditional power structures.
Revoking or limiting birthright citizenship would create a permanent underclass of individuals born in the U.S. but denied citizenship. This would institutionalize inequality, forcing millions into legal limbo. History shows that stripping marginalized groups of citizenship often leads to systemic oppression. For example, in Nazi Germany, the Nuremberg Laws revoked citizenship from Jews, paving the way for persecution. Similarly, apartheid-era South Africa denied full citizenship rights to Black South Africans.
Legal and Political Hurdles
The attempt to revoke birthright citizenship would face significant constitutional, legislative, and political hurdles. To alter the Fourteenth Amendment, a constitutional amendment would likely be necessary. Proponents argue that the phrase “subject to the jurisdiction thereof” excludes children of undocumented immigrants, but this conflicts with the 1898 Supreme Court case United States v. Wong Kim Ark, which upheld birthright citizenship for children of non-citizen parents.
Any law restricting birthright citizenship would likely violate the Fourteenth Amendment and face immediate legal challenges. These challenges would likely lead to a lengthy court battle, possibly requiring Supreme Court intervention. Changing citizenship laws through legislation would also face significant political opposition, making it difficult to pass such laws in a deeply divided Congress.
While some have proposed executive orders to end birthright citizenship, legal experts widely agree that this would exceed presidential authority. Any such action would almost certainly be blocked by the courts, as it would conflict with the constitutional provisions of the Fourteenth Amendment.
A Path Forward
Rather than dismantling birthright citizenship, the U.S. should focus on addressing the root causes of immigration challenges. This can be achieved through comprehensive immigration reform that balances national security with compassion, ensuring fair and efficient processes for asylum seekers and immigrants. Establishing programs that provide clear and accessible pathways to citizenship for undocumented immigrants already in the U.S. can create a more inclusive system, allowing individuals to contribute fully to society. Additionally, the U.S. should support social and economic policies aimed at reducing migration pressures in countries of origin, such as investments in education, healthcare, and economic development. By addressing these underlying factors, the U.S. can reduce the need for restrictive measures like ending birthright citizenship, fostering a more humane and sustainable immigration system that benefits both immigrants and the nation as a whole.
Engagement Resources
- ACLU: Advocacy for immigrant rights and challenges to unconstitutional policies.
https://www.aclu.org - American Immigration Council: Research on the benefits of birthright citizenship and the role of immigrants in the U.S. economy.
https://www.americanimmigrationcouncil.org - Center for Constitutional Rights (CCR): Legal analysis of birthright citizenship and challenges to its revocation.
https://ccrjustice.org
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