Is Citizenship a Birthright?

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LightWorker111

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U.S. President Donald Trump wants to put an end to automatic citizenship for children born here to parents who are undocumented – illegal aliens. Opponents are crying “Foul!” and refusing to support the initiative.


This issue is timely now that thousands of Central American migrants are lining up to apply for citizenship at the Mexican border. Some of them will try to cross into the U.S. without legal authorization, and some of those attempts will succeed.

We are seeing pictures of women and men pushing strollers with extra bambinos (children) in tow, and the odds say some of the women migrants are pregnant while traveling north.

Whenever an illegal alien has a child in the United States, that newborn becomes a full-fledged U.S. citizen with all the rights associated with that legal status. Of course, there are responsibilities, too – like paying income taxes.

The first section of the 14th Amendment to the Constitution explains the letter of this citizenship law:

“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 legal practice of birthright citizenship comes from an old Roman notion called jus soli which is Latin for “right of the soil” – jus for “justice” and soli for “a right.” In other words, the place where a baby is born entitles a natural birthright of allegiance to that region or regime.

The vast majority of countries in the world today assign citizenship based on that of the parents. This is called  jus sanguinis where sanguinis means “blood.” Right-of-blood law dictates that children inherit citizenship through their parents but not their birthplace.

Thirty countries grant citizenship to all babies born there no matter what nationality their parents have. Most of them are in the Americas. This number sounds impressive until you find out that there are 194 countries on the globe. The math comes out to 15 percent of all nations offer birthright citizenship.

The 30 countries that legislate in favor of birthright citizenship are:

1 Antigua and Barbuda

2 Argentina

3 Barbados

4 Belize

5 Bolivia

6 Brazil

7 Canada

8 Chile

9 Cuba

10 Dominica

11 Ecuador

12 El Salvador

13 Fiji

14 Grenada

15 Guatemala

16 Guyana

17 Honduras

18 Jamaica

19 Mexico

20 Nicaragua

21 Panama

22 Paraguay

23 Peru

24 Saint Kitts and Nevis

25 Saint Lucia

26 Saint Vincent and the Grenadines

27 Trinidad and Tobago

28 United States

29 Uruguay

30 Venezuela

 

President Trump wants to change the Constitution by issuing an Executive Order to prohibit children born to parents in the country illegally. But is this legal?

An article in the Boston Globe reported that “most legal scholars say it would take a new constitutional amendment to alter the current one granting citizenship to anyone born in America.”

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The text of the 14th Constitutional Amendment does not mention the legal status of the parents at all. Instead, it focuses on the child’s rights. But does it make sense that any and all offspring of parents who forced their way into the country and entered as criminals get to enjoy the privilege of citizenship?

That is what the Supreme Court may end up deciding. To date, there has been no explicit ruling from the highest court in the land about whether the 14th Amendment applies to the children of unauthorized immigrants.

Trump told Jonathan Swan, a reporter for Axios, that “It was always told to me that you needed a constitutional amendment. Guess what? You don’t.”

Trump disclosed that he has met with legal counsel about how to go about changing birthright citizenship within the bounds of U.S. law. He told Swan:

“You can definitely do it with an Act of Congress. Now they’re saying I can do it just with an executive order.”

When Swan asked Trump how far along the change process is, the president replied, “It’s in the process. It’ll happen.”

Signing a provocative executive order would no doubt lead to a legal battle pitting open-border advocates against their controlled-immigration opponents. The action would force both a public debate and an eventual official interpretation of the 14th Amendment.

Some observers believe that Trump is talking about exercising his executive privilege now in order to raise consciousness about this little-understood matter among regular citizens and the Supreme Court justices alike.

Is it time to amend the amendment and tighten up the U.S. right to citizenship? We may not have to wait very long to find out. The pressure is on, as wave after wave of north-bound migrants seek to nationalize their children, even if the parents have no such hope.


10 Comments
  1. Post Author

    End Birthright citizenship .

  2. Post Author

    Being born in a certain place should never, ever be enough to claim citizenship. One parent needs to be an official citizen of the country in which the child is born in order claim citizenship. No pregnant women should be allowed into the United States. If the child is born in the United States and claims citizenship (which is what happens now) then the child can stay but the parent(s) must go. No non-citizen, illegal alien foreign national, green card, visa, etc…should be able to receive or claim any benefits just for having a child with U.S. borders or territories.
    We are committing national suicide.
    The 14th Amendment was never meant to allow anyone and everyone to claim the right of American citizenship just for being born within its borders. The United States need to go back to the original intent of the law and enforce it as meant.

    • Post Author

      No one Should have the right to be an American citizen unless both parents are born in the U.S.
      It is a privilege to live in America and not to be taken lightly and not your “Right ” just because you say so .

  3. Post Author

    Citizenship birthright should only be legal to US citizen, & no Illegals should recieve these benifits!

    • Post Author

      AGREE
      NO ONE ILLEGAL HAVE RIGHTS NOR BENEFITS

    • Post Author

      I TOTALLY AGREE

  4. Post Author

    Whether it is legal for the President to issue such an EO will be fought in the courts. But it is purely nuts to grant automatic citizenship to a baby whose parents are both here illegally and whose mother may have stepped over the border just to drop the kid at American taxpayer expense in order to remain here. If there is any questions on legality then the laws should be changed even should a constitutional amendment be required.

  5. Post Author

    I am a 70 year old American born here of American parents and not a CONSTITUTIONAL expert but I do not believe that our fore fathers and writers of this iconic document had the birth of babys in mind and being a nation of immigrants as we are now and then. I believe they had in mind infants of immigrant parents who were already here and their offspring being born here. and as well there is no clause of illegals, AMERICANS ARE BORN HERE OR COME INTERGRATE FOLLOW the laws of our land state or federal laws and become naturalized citizens. and to invade our country or their offspring, does not give them the rights and privileges afforded Americans born or naturalized!

  6. Post Author

    I absolutely support our Immigration laws; granted they need to be improved to clearly state the law.
    The Immigration law, as well all our State laws need to be respected. The people who have been born in the U.S. has been accomplished by other country nationals who knew very well what their intentions were; in fact I lost the support of a relative when I refused to harbor her to stay in our apartment as she planned to give birth to her first child, and she later had another one. I have always respected my country, and obey the laws that we, the people are expected to follow. It makes it very difficult for me to turn a deaf ear when out country has allowed millions of Illegal people to just break our Immigration laws, AND, by the way, other local laws ate frequently violated. Why? Other laws are also violated because the Illegal Immigrants know one thing clear; they conned the Immigration Laws. And, all other laws are ignored and this is NOT OK.
    The Businesses and the Government supporters Democrats and Republicans who have a Bias keep on harboring these illegal behaviors.
    I am all for Legal Immigrants, I love people who through hard work, and respecting our laws follow the laws to enter our country. I am also a Legal Immigrant at the age of 6 years old, 3 of us and my father stood in line waiting to get a legal Immigration green card. I was taught and raised to respect the law, your parents, the elderly, and your school officials.
    Finally, I dont agree with everything the Democrats or President Trump believe in. But 2 things I will say: 1) I respect many things the Democrats believe in which is why had voted for the most part Democrat; and 2) I also respect that President Trump is doing almost everything he possibly can in protecting our country from the uncontrolled borders. And based on these 2 comments, I encourage that the supporters of Illegal Immigration STOP turning their backs on our country. We, the legal citizens of the U.S. must protect our country from all illegal acts and invasions, above any acts done illegally to our country first.

  7. Post Author

    Trump has the right idea and he needs to do this quickly. This country
    Is not America it is becoming a third world one. All because Congress refuses to get aboard. If they expect
    to win in 2020 they had better. Secure the boarder once and forever.

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