Imagine yourself going to a country you have never been to before, but you know you have some connection to it. You do not recognize their cultures or how the people manifest their lives day-by-day, but you now have to live there since your parents are from there. This situation could happen to people born to parents that are considered as illegal. In the United States, every year about 300,000 to 400,000 children are born to illegal immigrants. Even though the status of the parent is known as illegal, U.S. government immediately recognizes the children as U.S. citizens upon birth. Birthright citizenship has always been an issue that administrations found hard to change. Since it has been placed in the Constitution it needs to be considered a real thing and everyone should be following. Even in today’s news, and especially in this political climate, government officials want to remove it since there are a lot of people taking advantage of being a citizen in this country. Being a citizen in the United States entitles you to a lot in this country, and that makes government officials question if they should allow this right to everyone. It makes sense for people that were born here to inherit these rights since it was on American soil. What this paper explores is if birthright citizenship was to be changed or removed and how that affects our country at its already rapid changing state.
Birthright citizenship was first granted in 1868 passing the 14th Amendment to the Constitution letting all slaves be free (Lee 6). At first this topic was supported in 1866 by the Civil Rights Act, and how that went through was Congress passed over President Johnson’s veto before proposing the 14th Amendment. Since the ratification, there were court cases that fought against it and government officials that want some kind of change to it or the removal of it from our Constitution. In all of the cases the Supreme Court always showed the 14th Amendment to disregard the change or removal of it (Lee 7). In recent news, President Trump thinks that birthright citizenship should end and how he would do that is with an executive order (Leary). Not only would that take a lot of work to get rid of, it would also be very wrong and unnecessary to have it removed. Most of the country is made up of immigrants, so to go into the logistics of it everyone would have to leave the country except the Native Americans. There is no possible way there could be a drastic change on it since it has been passed for so long. The fear at the moment is that in the Constitution it is stated subject to the jurisdiction thereof and people took it as someone can change it, in due time but in reality, it is not owing allegiance to anybody else (Spalding). Once one goes into the fine print of what it is truly said, one can put together that there is a lot to go in for a drastic change like that.
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