Birthright Citizenship: A Closer Look at a Longstanding Debate
The concept of birthright citizenship – the automatic granting of U.S. citizenship to anyone born on American soil, regardless of their parents’ legal status – remains a contentious issue, sparking intense debate and legal challenges. This practice, enshrined in the 14th Amendment, has been a defining characteristic of U.S. citizenship for over a century.
This debate has gained renewed attention with former President Donald Trump’s repeated pledges to end
birthright citizenship. Trump argued popularizing what
A Constitutional Foundation: The 14th Amendment
The crux of the debate lies in the 14th Amendment to the U.S. Constitution, which
states, “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.”
A Long History, a New Debate
But some legal scholars
argue that the 1898 case doesn’t fully address the complexities of modern immigration. They argue it’s unclear whether it
extends to children born to parents who entered the U.S. illegally, or on a short-term visa.Application of Birthright
The debate over birthright distinctionsendoes it
extend to apply to undocumented
immigrants.
Think Tank, a research institute focused on
Others argue that repealing birthright
citizenship would be unconstitutional and would contradict a century of legal precedent.
They stress
The 14th Amendment, a widely held belief since the late
Challenges
the United
States, saying it’s