Defining ‘American’: Birthright Citizenship And The 14th Amendment
There is increasing interest in repealing birthright citizenship for the children of aliens especially undocumented persons. According to one recent poll, 49 percent of Americans believe that a child of an illegal alien should not be entitled to U.S. citizenship (41 percent disagree).[2] Legal scholars including Judge Richard Posner contend that birthright citizenship for the children of aliens may be repealed by statute.[3] Members of the current Congress have introduced legislation and held hearings,[4] following bipartisan efforts during the 1990s led by now-Senate Minority Leader Harry Reid and others.[5]
These proposals raise serious constitutional questions, however. Birthright citizenship is guaranteed by the Fourteenth Amendment. That birthright is protected no less for children of undocumented persons than for descendants of Mayflower passengers.
The Fourteenth Amendment begins: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. Repeal proponents contend that this language does not apply to the children of aliens whether legal or illegal (with the possible exception of lawful permanent residents) because such persons are not subject to [U.S.] jurisdiction. But text, history, judicial precedent, and Executive Branch interpretation confirm that the Citizenship Clause reaches most U.S.-born children of aliens, including illegal aliens.
James Ho.
Repealing birthright citizenship would take a Constitutional amendment IMHO. Let’s get rid of Venezuelan gang members first.