citizenship to children of illegal immigrants

[swatiraohnlu]

Should children of illegal immigrants in America should be given citizenship birthright?

The core issue and area of dispute surrounding the 14th amendment has been the widespread birth of children to illegal immigrants in the United States as well as the, albeit much more rare, "birth tourism" in which a foreign citizen travels for a short period to the United States in order to give birth to their child and make them an American citizen. All of this has led to widespread debate, and calls within Republican circles to either amend the 14th amendment or reinterpret it to end "birthright citizenship" so that no illegal immigrants or foreign visitors can give birth to a child and confer to them automatic citizenship. In 2010, with many other immigration issues at hand including Arizona's immigration law and the broader topic of "comprehensive immigration reform", this debate became particularly heated, attracting editorials and op-eds from around the country. The main arguments and quotations from these resources are presented below.

 

[swatiraohnlu]

The Citizenship Clause was no legal innovation. It simply restored the longstanding English common law doctrine of jus soli, or citizenship by place of birth. Although the doctrine was initially embraced in early American jurisprudence, the U.S. Supreme Court abrogated jus soli in its infamous Dred Scott decision, denying birthright citizen ship to the descendents of slaves. Congress approved the Citizenship Clause to overrule Dred Scott and elevate jus soli to the status of constitutional law.

 

[dimpy.handa]

"The Supreme Court has given the clause an inclusive reading. In an 1898 case involving the U.S-born son of Chinese parents who were not citizens, it ruled that since his parents were not diplomats, he was an American citizen. In 1982, the court considered the claim that illegal immigrants are not subject to U.S. jurisdiction and responded: 'We reject this argument.'"

 

[shivibhanot]

group of Republican lawmakers on Tuesday announced a nationwide effort to change the way the 14th Amendment is interpreted and stop granting citizenship to babies born in the U.S. to illegal immigrants.

A national coalition called State Legislators for Legal Immigration is coordinating the effort. Lawmakers from 15 states including Arizona held news conferences Tuesday to support proposing state legislation in their respective states.