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Donald Trump said recently that, if elected president again in 2024, he would seek to end automatic citizenship for children born in the US to immigrants in the country illegally, a plan that contradicts how a 19th-century amendment to the US Constitution long has been interpreted, Ted Hesson reported for Reuters.
Photo Insert: Experts agree that a president does not have the authority to end birthright citizenship through an executive order as the practice is enshrined in the Constitution.
Trump announced his plan on the 125th anniversary of US v. Wong Kim Ark, the Supreme Court case that established the constitutional right to birthright citizenship.
Experts agree that a president does not have the authority to end birthright citizenship through an executive order as the practice is enshrined in the Constitution. The 14th Amendment grants citizenship to those “born or naturalized in the US, and subject to the jurisdiction thereof.”
It applies to children born in the US regardless of the parents’ immigration status and has held since an 1898 SC case involving a US citizen with Chinese parents.
It was adopted after the Civil War to guarantee equal rights for former slaves but immigration restrictionists argue that excludes the children of other groups like undocumented immigrants.
The Reconstruction Congress explained in 1866 that the exception to birthright citizenship applied only to the children of diplomats and those born into Native American tribes, who were under the “jurisdiction” of a separate sovereign and did not need to comply with all US laws,” said Amanda Frost, a professor of law at the University of Virginia and author of “You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers.”
Immigrants and their children living in the US were and are required to follow all federal and state laws or face criminal and civil penalties and so are fully ‘subject’ to the nation’s ‘jurisdiction.'”
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