Birthright citizenship figured prominently in the news recently with incoming President Donald J. Trump vowing to put an end to it. Exactly what is “birthright citizenship” and why does it need to be done away with? Further, can the President end it himself and, if not, why not? The answers may surprise you.
What is “Birthright Citizenship?”
Simply stated, “birthright citizenship” is conferring citizenship on individuals born in the territorial jurisdiction of a country. With respect to the United States of America, “birthright citizenship” means anyone born in the United States is a citizen of the United States. Birthright citizenship is based on current legal interpretations of the “Citizenship Clause” of Section 1 of the 14th Amendment to the United States Constitution, which states:
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.
Additionally, federal statutory law contains nearly identical provisions. 8 U.S.C. §1401 states, in part:
The result is the babies of pregnant women (that is right, pregnant women, not pregnant “people”) who enter the United States illegally and give birth after illegal entry into the Country give birth to American citizens.
