Birthright Citizenship Should End

The Quote Below—More Misinformation from the Media

“Stephen Miller has a special place in Donald Trump’s heart. A public relations flack who hijacked the Department of Homeland Security in his early 30s, Miller has long exerted outsize influence on his boss because of his particular brand of expertise in the issue that got Trump elected: immigration. . . .

“Among Miller’s top priorities if Trump is reelected would be an attack on birthright citizenship, rooted in the 14th Amendment of the Constitution that says that “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. Xenophobes, white supremacists, and other bigots argue that birthright citizenship is a magnet for people from the ‘Third World’ to come and have ‘anchor babies.’. . .

“Miller’s attack on birthright citizenship would likely come in the form of an executive order, according to a current DHS official. The expectation would be that it would be legally challenged and ultimately end up in the Supreme Court, where Miller hopes for a new interpretation of the 14th Amendment to exclude the children of people who lack legal immigration status.

“It’s reasonable to suspect that the tortured legal arguments supporting this policy would come from the Claremont Institute, a California-based think tank that promotes racist ideas, including that diversity spells our doom. . . . When conservatives refer to an alleged debate among legal scholars about the meaning of the 14th Amendment, they’re talking about the Claremont Institute. It’s not up for debate elsewhere.” – Stephen’s Miller’s Second Term Agenda Is Worse Than He Wants People to Know, Jean Guerrero, The Nation. [Link]

Fact Check of Above Quote: This article is typical of the hysteria so often employed against reasonable proposals to change immigration policy. Rather than deal in reasonable arguments the author indulges in name-calling rants about “xenophobes, white supremacists, and bigots.” In truth the proposal to get rid of birthright citizenship is quite sensible.

At present, Canada is the only other country in the developed world to have this policy. Under it the children of illegal aliens born in the U.S. are automatic citizens. Thus we are allowing lawbreakers the opportunity to cheapen our citizenship and take advantage of our country.

Contrary to the claim of illegal alien advocates, the 14th Amendment does not stipulate that anyone born in the U.S. is a citizen. What the amendment says is that a person born here becomes a citizen if that person is subject to U.S. ”jurisdiction.” In the debates leading to passage of the amendment in the 19th century its sponsors maintained that jurisdiction applied to persons having loyalty to the United States.

Specifically excluded were members of Indian tribes. Those tribes, at that time, were considered as sovereign entities, with no allegiance to the American nation. A later Supreme Court ruling upheld this interpretation. Illegal aliens do not have the allegiance to put them under American jurisdiction. Therefore, their children should not have automatic citizenship.

The Claremont Institute is not the only source that questions the status quo of birthright citizenship. Criticism is widespread among groups concerned about protecting the worth and value of our citizenship.

An executive order would be a good first step to end this practice. No doubt the issue would end up in the Supreme Court. In that case, the weight of history and legal precedent would favor the end of citizenship for the children of foreign lawbreakers.

 

 

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