The Role Of Birthright Citizenship In The United States

With the 2016 presidential election approaching many prominent wedge issues have come to the forefront of popular opinion including the issue of immigration, specifically birthright citizenship. Despite extensive legal precedence and the fundamental role of immigration in American society (and the birthright citizen status of several of the candidates themselves) many political figures have recently denounced birthright citizenship, some even pledging to do away with the practice altogether if elected. The notion of ending the practice of granting citizenship to those born of illegal parents within the United States is not only contrary to the policies established in the 14th Amendment, but would also have extensive socioeconomic consequences, most notably the creation of a quasi-legal underclass of U.S. residents who’s citizenship status falls within an ambiguous legal gray area. The most popular argument among critics of birthright citizenship is that citizenship is not guaranteed by the 14th Amendment or by the United States …show more content…
This claim is based on a narrow and heavily nuanced interpretation of the 14th Amendment, specifically the citizenship clause which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The citizenship clause struck down key portions of the Dred Scott v Sanford decision which held that African Americans were not citizens of the United States and as such were not subject to the privileges associated with citizenship. This clause also provided the constitutional basis for the Civil Rights Act of 1866, which originally granted citizenship status to any person born within the U.S. that was not “subject to a foreign power.” This policy falls under