Understanding The 14th Amendment and What it Says About Birthright Citizenship

Obama Hits Back At Trump's Claims He Can End Birthright Citizenship

Special Briefing: The End of Birthright Citizenship? | Need to Know

"The provision is really clear", Jay said.

Under the Constitution's 14th Amendment, enacted in the wake of the Civil War to ensure that Black Americans previously subject to slavery had full citizenship rights, citizenship is granted to "all persons born or naturalized in the United States".

President Donald Trump has claimed that the provision of birthright citizenship has created an entire industry of birth tourism in the U.S. with Chinese people benefitting a lot from this "crazy, lunatic policy".

It may very well. A person born in the United States knows nothing but the United States. If the change were applied to children previously born to parents who were here illegally, the number would jump into the millions. "Political and military rights and duties do not pertain to them". Also, should the Honduran plaintiffs and other members of the caravan eventually reach USA soil, they will still face difficulties in bringing their claims. This is not a novel idea put forth by the AG.

The 14th Amendment, which grants citizenship to anyone born on US soil, was ratified in 1868 after the Civil War so that recently-freed slaves could become citizens.

Why were such people excluded?

PAINTER: Remember, the United States didn't have limits on immigration.

The president of the United States should uphold the constitution as our supreme law of governance. If a law is backed by a statute, then it can only be changed through another statute. That should not confer automatic citizenship to a child they have while here in the country on a tourist visa, but that appears to be what is occurring.

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The US was in the grips of intense anti-Chinese sentiment, and Chinese immigration had been cut off in 1882. The packages include accommodations and access to common language speaking lawyers and doctors to assist with having the child and doing the legal paperwork.

With a USA rule that dependents who turn 21 and still don't have a Green Card have to return back to the country of their passport, where would these children go, who are born in the U.S., but have Indian or whatever other citizenship status as their parent (s)? "Guess what? You don't", he said in a recent interview. However, about 30 others, including America's neighbours Canada and Mexico, also grant birthright citizenship. They are not accused of racism for doing so.

Wong was denied entry by a stridently anti-Chinese customs collector, on the grounds that he was not in fact a U.S. citizen, owing to his parents' status as Chinese immigrants at the time of his birth.

Today's immigration critics are also correct to point out that the 14th Amendment wasn't written with illegal immigration in mind, as there were no immigration restrictions yet in 1868 when it was adopted.

It has been routinely interpreted over the years to confer citizenship to people born in the United States whose parents are illegal immigrants. An Indian who left the reservation to live in the various states had to apply for U.S. citizenship (and surrender Tribal citizenship) and be naturalized, until automatic full citizenship was granted to them by the Indian Citizenship Act of 1924. And the right of anyone to own or hold salves was abolished forever in the United States of America. He retired, disillusioned in China, and never returned to the United States.

So, as Trump sparks debate over the "spirit" of the 14th Amendment-particularly over the five words, "subject to the jurisdiction thereof", we can't humor him or mislead his base of supporters. They wouldn't be able to do so, because no hospital in the United States requires parents to declare their immigration status when they go in for delivery.

But with the USA midterm elections next week, we're thinking Mr Trump is again trying to tap into voters' fears about illegal immigration - this week he also announced more than 5,000 extra troops will be sent to the Mexican border as he warned of a migrant "invasion". Entry into the U.S. by a foreign person is not a right.

If Trump issues his executive order on the birthright of children, expect immediate court challenges with the granting of temporary injunctions until the cases are finally settled by the Supreme Court. If an American family is serving as missionaries in China, are all of their children born in China citizens of China?

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