Following up on a stance taken during his election campaign President Donald Trump now says he will sign an executive order ending so-called “birthright” citizenship.
Trump told “Axios on HBO” he wants to “remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil.”
“How ridiculous, we’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits,” the president was quoted as saying. “It’s ridiculous. It’s ridiculous. And it has to end.”
As he did during the campaign Trump could not resist tweaking Nevada’s longtime senior Sen. Harry Reid.
“Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) ‘stuff.’ Don’t forget the nasty term Anchor Babies. I will keep our Country safe. This case will be settled by the United States Supreme Court!,” Trump wrote on Twitter.
In a 2015 position paper on immigration Trump said, “End birthright citizenship. This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said ‘no sane country’ would give automatic citizenship to the children of illegal immigrants.”
Of course, Reid’s 1993 speech on the floor of the Senate was a rare lapse into rational thought, which he now says was a mistake and argues, “Immigrants are the lifeblood of our nation.” As opposed to citizens?
But in 1993 Reid said, “If making it easy to be an illegal alien isn’t enough, how about offering a reward for being an illegal immigrant? No sane country would do that, right? Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with U.S. citizenship and guarantee access to all public and social services this country provides. Now that’s a lot of services. Is it any wonder that two-thirds of the babies born at taxpayer expense at county run hospitals in Los Angeles are born to illegal alien mothers?”
The argument that children born on U.S. soil are automatically U.S. citizens is loosely grounded in the 14th Amendment, passed after the Civil War, which says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States …”
The contention revolves around the phrase about being subject to U.S. jurisdiction.
In testimony before Congress in 2015, John C. Eastman, a law professor at Chapman University and founding director of the Claremont Institute Center for Constitutional Jurisprudence, explained the origin and meaning of the 14th Amendment citizenship clause.
He said the 1866 Civil Rights Act, from which the 14th Amendment was drafted, says, “All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.”
Eastman concludes, “As this formulation makes clear, any child born on U.S. soil to parents who were temporary visitors to this country … remained a citizen or subject of the parents’ home country …”
Some say birthright citizenship is the result of the 1898 Supreme Court case of U.S. v. Wong Kim Ark in which the court ruled 5-4 that a child born in the U.S. of parents of Chinese descent is a citizen by virtue of birth under the 14th Amendment. The Chinese Exclusion Act barred citizenship for the Chinese, though the parents were legal permanent residents. There was no such thing as an illegal immigrant at the time.
In fact, American Indians born on U.S. soil were not deemed citizens until the Indian Citizenship Act was passed in 1924. As columnist Hans von Spakovsky has noted, “There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth, and no matter who their parents are.”
While Trump likely doesn’t have the legal authority to issue an executive order ending birthright citizenship, Sen. Lindsay Graham of South Carolina has said he would introduce legislation to do so.
Either way, there is sure to be litigation all the way to the U.S. Supreme Court, which does have the authority to settle the matter.
Thomas Mitchell is a longtime Nevada newspaper columnist. You may email him at thomasmnv@yahoo.com. He also blogs at http://4thst8.wordpress.com/.
Phillip Gordon says
The purpose and intent of the 14th Amendment was to reverse the “Dred Scott vs. Sandford decision of 1857” and did nothing more than this. It was about granting citizenship to freed African slaves. The 14th Amendment gave naturalize citizenships to all freed African slaves and their children are natural born United States citizens. Under the 14th Amendment only naturalized or natural born United States citizens parents can have children that have birthright citizenships.
14th Amendment Section 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, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“and subject to the jurisdiction thereof” clause meaning is political jurisdiction example Native Americans had their own tribal jurisdiction therefore not subject to the American jurisdiction this includes foreigners and aliens that are subject to home countries jurisdiction and allegiance. Allegiance and/or citizenships although different words they have the same meaning. Foreigners and aliens are not subject to American jurisdiction therefore their United States born children allegiance are in question and are not naturalized or natural born United States citizens.
Civil Rights Act of 1866
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
The civil rights acts of 1866 and 1875 were passed by the U.S. Congress in an effort to make full citizens of and guarantee the rights of the freed slaves. The Thirteenth Amendment (1865) had abolished slavery throughout the nation, and Congress was faced with how to enfranchise this population
The Civil Rights Act of 1866 has the same meaning as the 14th Amendment but written differently in such a way so that it cannot be misinterpreted. Such as claiming birthright citizenship of children born on United States soil to foreigners and aliens’ parents
Anchor babies are not United States citizens. Birthright citizenship of children born on United States soil to foreigners and aliens parents started after the 1965 Immigration act it was a decision made by executive fiat not authorized by the senior executive ranks and only congress that has the authority to make such changes, decisions, and law. President Donald Trump has the authority to reverse this un-authorized executive fiat decision retroactively without the consent of congress. This is what the executive order is all about. This is the same as reversing DACA executive order made by President Obama it will be an uphill court fight. Congress never authorized birthright citizenship of children born on United States soil to foreigners and aliens’ parents in the 1965 immigration act. Congress in its entire history never authorized birthright citizenship of children born on United States soil to foreigners and aliens’ parents. Judges in court will be constantly asking questions did congress by law authorized birthright citizenship of children born on United States soil to foreigners and aliens’ parents? No! The court case will not be about whether the 14th Amendment authorizes birthright citizenships but about reversing an executive decision. Congress needs not get involved.
The executive or the president oversee enforcement of immigration laws. Enforcing the laws as they are written and following strict constitutional protocols is fully constitutional. The 14th amendment is not being followed to its original intent as Senator Jacob Howard R-MI statement of intent.
Senator Jacob Howard clearly spelled out the intent of the 14th Amendment by writing: “The 14th Amendment granted citizenship only to the recently freed African slaves. It did not grant citizenship to illegal immigrants. It did not grant citizenship to Native American Indians. It did not grant citizenship to foreigners or their children born on U.S. soil.” Senator Jacob Howard R-MI: I now move to take up House joint resolution No. 127.
The first amendment is to section one, declaring that all “persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” Senator Jacob Howard R-MI, 1866 14th Amendment author.
By signing an executive order reinforcing the original intent of the 14th Amendment is fully constitutional because President Donald Trump is not violating constitution, not promoting or creating laws by executive order legislation, DACA by executive order did violate the constitution only congress has the authority to create immigration law. But the congress and the states by constitutional amendment have already express that only decedents of African slaves are covered by the 14th amendment. It was about reversing the “Dred Scott case of 1857” were African American slaves lost in the Supreme Court case gaining their United States citizenships.
By signing an executive order reinforcing the original intent of the 14th amendment is fully constitutional. Keep in mind most judges have already made up their minds on the 14th Amendment vs. birthright citizenship. Of course, this executive order will be challenge in the courts by anchor babies because they will lose their United States citizenships retroactively. For anchor babies some very uncomfortable questions will be asked in the courts, were Native Americans covered by the 14th Amendment? No! Native Americans got their United States citizenships by the “Indian citizenship act of June 2nd, 1924”. Proof that only freed African slaves were covered by the 14th Amendment. The “Indian citizenship act of June 2nd, 1924” gave naturalize citizenships to all native Americans and their children are natural born United States citizens. If native Americans were not covered by the 14th Amendment why do you say persons born in the United States who are foreigners, aliens are US Citizens when Senator Jacob Howard R-MI made statement of intent “persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States.
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”
Lawyers it will be really challenging to answer this question!
Before the 1965 immigration act babies born on United States soil of foreign and alien parents were not citizens and were later deported to their parents’ home countries. Did congress authorize birthright citizenship of children born on United States soil to foreigners and aliens’ parents in the 1965 immigration act? No!
Lawyers it will be really challenging to answer this question!
Did the United States vs. Wong Kim Ark 1898 decision authorized birthright citizenship of children born on United States soil to foreigners and aliens’ parents? No! Because of the Chinese exclusionary act of 1882 congress by law excludes all Chinese from getting United States citizenships. The federal government executive never allowed children from Chinese parents who were Chinese citizens to become United States citizens. Even after the United States vs. Wong Kim Ark 1898 decision. United States vs. Wong Kim Ark 1898 decision is in direct conflict with the 14th Amendment therefore should be overturned.