The Issue Of Birthright Citizenship

The 14th Amendment played a large role in the way we perceive today’s society. Being that the beginning of the 14th Amendment 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”, the intent of the 14th Amendment is to stop the granting of automatic citizenship of new born babies in the United States. Those babies were born by illegal mothers which deems them to be considered as illegal immigrants. The reason why immigration is bad is due to immigrants taking control of the resources that were meant for Americans to use; such as jobs, free health benefits, education benefits, free housing and much more, thus triggering the start of the 14th Amendment. Aside from immigration, another motive for the 14th Amendment was due to other states violating United States citizens’ rights. In the case

Another controversial assumption made by advocates who want to see a change in birthright citizenship is that unauthorized immigrants and their U.S. born children place a drain on many social resources. When an unauthorized immigrant has a child born in the U.S., that child has access to all the social resources that U.S. children born to legal citizens are entitled to. It is believed that undocumented immigrants do not pay taxes and come to America with the sole intentions of living on welfare. Evidence provided by the Social Security Administration, contends that there are taxes that cannot be matched to workers’ names and social security numbers. This is also known as a “suspense file” and it has grown by twenty billion dollars in recent years. Migrants and undocumented immigrants contribute more in taxes and social contributions than they will ever receive in individual benefits (Van Hook and Fix 2010). Immigrants earn about $240 billion a year, they pay about $90 billion a year in taxes but only use roughly $5 billion in public benefits (Van Hook and Fix 2010). In

The Birthright Citizenship Amendment is one that has caused controversy. Should  a person that is  born in the US, regardless of whether the parents were here temporarily, or illegally be considered an American citizen? The 14th Amendment 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 States wherein they reside”, ( Spalding, 2010). The interpretation of this amendment has caused the controversy.

Over a century ago, the 14th Amendment of the United States Constitution was implemented to grant citizenship to individuals born within the country. This was the first time that it was defined what it means to be a citizen in the U.S. While the amendment was created to address the citizenship of slaves, it is currently under speculation in regards to granting U.S. citizenship to children born to undocumented immigrants (Gans, 2012). While there have been many arguments to place restrictions or eradicate granting children of undocumented immigrants U.S. citizenship, the constitutional right remains the same: if you are born on U.S. land, you are a citizen (Angelo, 2013). This paper argues that the birthright citizenship of U.S. born children of undocumented immigrants should continue to be granted based on the underlying principles of the 14th Amendment and the possible implications of ending birthright citizenship. First, this paper describes birthright citizenship and the 14th Amendment, as well as its use in several Supreme Court cases that are significant to this issue. Then, various implications of eradicating birthright citizenship are discussed. Before discussing the possible consequences of eradicating birthright citizenship, it is imperative to discuss the history and principles underlying it.

The success and the approval by the necessary three-quarters of U.S states, the 14th Amendment guaranteed to the newly freed slaves protection and citizenship along with all its privileges. This amendment resolved any pre-Civil War concerns of the African American community’s citizenship by stating that “all persons born or naturalized in the United States are citizens of the United States and of the state in which they reside” (Primary Documents of American History, 2011). This amendment also reinsured that they had the equal rights and privileges of the rest of the citizens, and granted all these citizens the “equal protection of the laws” (Primary Documents of American History, 2011).

The Center for Immigration Studies took a worldwide look in 2010 and found that "only 30 of the world's 194 countries grant automatic citizenship to children born to illegal aliens” (see Fig. 1).

“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. No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property,

Constitution. This amendment was to help African Americans with citizens rights and equal representation. The U.S Constitution stated that the 14th amendment said “all person 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The 14th amendment provided African Americans that was born in the United States equal citizenship with other natives in the U.S. It also limited the power of states that they could not take away the rights of the citizens of the United States.

The natural born Citizen clause in Article 2, Section 1 of the United States Constitution has caused much controversy and its meaning has been deeply argued. It may be in our best interest if the clause were to be reworded to make the meaning of the clause clear so there can be no discrepancies, ending

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”(U.S.const.amend.XIV). As of July 2017, anyone who is born inside the United States or born on U.S. soil is legally a citizen of the U.S. due to this excerpt from section 1 of the fourteenth amendment. However there is not one interpretation of the fourteenth amendment that is unanimously accepted by all. Someone who shares their interpretation of the fourteenth amendment is George F. Will. George Will created an article by the name of “An argument to be made about immigrant babies and citizenship” as the title suggests, his interpretation of how the fourteenth amendment should be affecting our society differs from the way the fourteenth amendment actually does.

In 1868, the United States of America's Congress adopted the 14th Amendment to the Constitution stating that, "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

Today the Society is split into three separately minded groups. In no specific ordering, the first is determined to believe that any one person born in the United States is a citizen and which means their parents should become citizens along with them. These are the ones whom obtain “birthright citizenship” (Raul). The second are firm believers in the only ones that should be citizens are the ones who go through the proper process of becoming a citizen and according to the article in “USA today,” it states that illegal immigrants are “having babies as a way to obtain citizenship,” which too many Americans “cheapens the whole idea of being American”. The last group is the “other” the ones whom are completely neutral or believe in the

I The NATURAL-BORN CITIZEN CLAUSE AS ORIGINALLY UNDERSTOOD IN EARLY AMERICAN AND BRITISH COMMON LAW WOULD REFUTE SENATOR CRUZ’S CASE THAT HE IS A NATURAL BORN CITIZEN WITHOUT CORRESPONDING STATUTES MAKING AN EXCEPTION.

The 14th Amendment 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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Children are often caught in the middle when the state decides whether a child’s right to live in an intact family conflicts with its interest in maintaining immigration control. Along with this issue, there is an argument regarding allowing children born in a country to have automatic birthright citizenship, even when their parents may be undocumented.