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(by Sarah Fortinsky, The Hill) – President-elect Trump doubled down on his vow to end birthright citizenship in his first postelection interview this weekend.
“Yes, absolutely,” Trump told NBC News’s Kristen Welker when asked whether he still plans to end birthright citizenship “on Day 1.” (see video under “Resources” below)
“We have to end it. It’s ridiculous,” Trump said, adding, “Do you know we’re the only country in the world that has it? Do you know that? There’s not one other country.”
Actually, 32 other countries — and two territories — join the U.S. in having unrestricted birthright citizenship. And an additional 32 countries have a restricted birthright citizenship policy of some kind.
That said, a number of U.S. allies in Europe do not offer birthright citizenship. Among the 32 countries in NATO, the U.S. and Canada are the only two that have unrestricted birthright citizenship.
Trump said he would take executive action, “if we can,” to circumvent the 14th Amendment, which guarantees citizenship to people born in the U.S., but added, “Well, we’re going to have to get it changed. We’ll maybe have to go back to the people, but we have to end it….”
The U.S. introduced birthright citizenship in 1868, in the wake of the Civil War, changing the Constitution to guarantee citizenship to all former slaves and to any child born on U.S. soil.
In North America, the U.S. and both of its neighbors — Canada and Mexico — have unrestricted birthright citizenship, as do all seven Central American countries… . Unrestricted birthright citizenship exists in 10 of the 13 countries in the Caribbean… . [And] in South America, 10 of the 12 countries have unrestricted birthright citizenship… . Unrestricted birthright citizenship also exists in Africa in Chad, Fiji, Lesotho, Tanzania and Tuvalu.
Across the rest of the world, however, unrestricted birthright citizenship is virtually nonexistent. Many of the closest U.S. allies have restricted birthright citizenship, oftentimes requiring at least one parent to be born in the country or to be a citizen. Other allies have no policy at all. …..
Restricted birthright citizenship exists in some countries in the Indo-Pacific region — including Thailand, Japan, Australia, New Zealand, Malaysia, Taiwan and Cambodia – but is lacking in other countries in the region.
China and Russia — two of the top U.S. adversaries — lack such a policy.
[In India, individuals born in the country since Dec. 2004 receive Indian citizenship at birth only if both parents are Indian citizens, or if one parent is a citizen and the other is not considered an illegal migrant. Read about India’s citizenship law at wikipedia.]Published at thehill .com on Dec. 9. Updated at 5:02 p.m. Reprinted here for educational purposes only. May not be reproduced on other websites without permission. Copyright 2024 Nexstar Media Inc.
Questions
NOTE TO STUDENTS: Read the “Background” and “Resources” below the questions.
1. What is unrestricted birthright citizenship?
2. President Trump said in an interview with NBC that we are the only country with unrestricted birthright citizenship. How many of the 193 countries in the world actually have unrestricted birthright citizenship?
3. a) How many countries are in NATO?
b) CHALLENGE: How many can you name?
c) Which of the NATO countries allow unrestricted birthright citizenship?
4. Where is birthright citizenship almost non-existent?
5. a) Do you support or oppose the president’s attempt to end birthright citizenship? Explain your answer.
b) Ask a parent the same question.
c) Did any of your family or friends emigrate to the U.S. legally? If so, ask them: Do you support or oppose the president’s attempt to end birthright citizenship? Please explain your answer.
CHALLENGE: Read the commentary “Where does the concept of birthright citizenship come from?” AND “Birthright Citizenship: An Overview” (pdf version)
Based on this information, do you support or oppose the president’s attempt to end birthright citizenship? Explain your answer.
Background
In 2018 during his first term in office, President Trump tweeted:
“So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words ‘subject to the jurisdiction thereof.’ Many legal scholars agree…..”
The Constitution’s 14th Amendment, added after the Civil War, grants citizenship to anyone born on American soil and was intended to give constitutional protections to former slaves. But some Republicans, including Trump, say it creates an incentive for people to enter the country illegally to have children. [Some Democrats once agreed. From the previous tweet, the president also added:]
“It is not covered by the 14th Amendment because of the words ‘subject to the jurisdiction thereof.’ Many legal scholars agree. Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) ‘stuff.’ … This case will be settled by the United States Supreme Court!” he added.
Trump said that the issue of birthright citizenship could be clarified by the Supreme Court. Researchers from the Congressional Research Service agreed, writing (pdf):“The courts apparently have never ruled on the specific issues of whether the native-born child of unauthorized aliens, as opposed to the child of lawfully present aliens, may be a U.S. citizen or whether the native-born child of nonimmigrant aliens, as opposed to legal resident aliens, may be a U.S. citizen.” (Note: The Congressional Research Service works exclusively for the United States Congress, providing policy and legal analysis to committees and Members.) [from a Nov. 2018 Daily News Article)
The main difference between birthright citizenship and acquiring citizenship in the United States is that birthright citizenship is automatic, while acquiring citizenship requires meeting certain requirements:
Birthright citizenship:
A person is automatically a U.S. citizen at birth if they are born in the United States to any non-citizen – or if at least one parent is a U.S. citizen at the time of their birth. This is known as jus soli (“right of the soil”) or jus sanguinis. [e.g. If your mother crosses the border illegally and gives birth to you even the same day, or flies to the U.S. to give birth, you are automatically granted U.S. citizenship.]
Acquiring citizenship:
A person can acquire citizenship after birth if they meet certain requirements, such as being under 18 years old and having a U.S. citizen parent. This process is called naturalization and requires an application. To become a naturalized citizen, a person must meet requirements such as being at least 18 years old, living in the United States for a certain amount of time, and passing a civics test.
(This explanation above is from Generative AI from a Google search with sources including USCIS .gov and wikipedia)
Resources
For a good explanation of the U.S. policy from 2018, read “Birthright Citizenship: An Overview”(pdf version) from Center for Immigration Studies – or visit the website at CIS.org)
Where does the concept of birthright citizenship come from? (from a 2018 editorial)
In 2018, during his first administration, Trump says birthright citizenship ‘will be ended one way or the other’ (Nov. 1, 2018)
Trump administration moves to end birth tourism (Jan 24, 2020)
Chinese flock to USA to give birth to U.S. citizens (published 2015)
Watch the segment from Sunday’s (12/8/24) NBC interview:
Daily “Answers” emails are provided for Daily News Articles, Tuesday’s World Events and Friday’s News Quiz.
