No need of constitutional amendment to make changes in birthright citizenship

UESLEI MARCELINO  REUTERS  Newscom

UESLEI MARCELINO REUTERS Newscom

That reading is supported by the 1866 Civil Rights Act, also written by Trumbull, which Congress passed over President Andrew Johnson's veto before proposing the 14th Amendment.

With a Leftist organization sponsored caravan of several thousand people preparing to storm the USA southern border, President Trump is now forcing Congress to at long last address the need to reform immigration policy in the United States by proposing his use of an Executive Order to eliminate "birthright citizenship" for illegal aliens inside the country.

The 14th Amendment 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". "All children here born of resident aliens". In a 6-2 ruling, it touched on the text and history of the actual amendment only lightly and chose to cement the definition of citizenship we'd inherited from English common law, where everyone born in the country is treated as a natural subject. This precipitated the Civil War that almost destroyed the United States. "It also removed from the majoritarian political process the ability to abridge the citizenship of children born to members of disfavored ethnic, religious or political minorities".

The argument is flawed when scrutinized in context.

Some observers opine that with Trump's high court appointment of justices Neil Gorsuch and Brett Kavanaugh, the Supreme Court will likely approve an executive order limiting the 14th Amendment's application. This was confirmed in a number of cases including United States v. Wong Kim Ark, which involved a man born in the United States to Chinese parents who were statutorily ineligible for naturalization due to their race. All the child will ever need to prove American citizenship is a birth-certificate showing a location of birth somewhere in the United States of America. This is because allegiance is loyalty to the place of one's birth, and not to the citizenship of one's parents. Now, spurred by misleading claims that illegal immigrants, majority from Mexico and Central America, are sneaking into the country only to have babies who can "anchor" them to the United States, Trump wants to abolish the protections the 14th Amendment provides to those born here.

James C. Ho, "a conservative recently nominated by Trump and confirmed to the U.S. Court of Appeals for the 5th Circuit, is among them", he says. Misinformed proponents of this theory callously refer to such children as "anchor babies". It's just that some of us have more links in our chain than others.

Although the US did not sign the original act, it did become a signatory to a 1967 Protocol. Simply because a child is born in the United States does not mean that the parents are allowed to stay permanently.

Eight years and more than 600,000 dead Americans later, the insurrection of southern states in direct violation of Article I, Section 10 of the constitution had ended and slavery was abolished. They've fallen victim to their own irrational fear of drug-dealing, criminal-rapist, immigrant babies that do not exist.

On Tuesday, Axios released an excerpt, in conjunction with its new HBO show, that revealed that Trump is considering ways to end citizenship to children born on US soil.

Besides the USA, birthright citizenship is common in the Americas including in Argentina, Canada, Chile, Ecuador and Mexico.

Germany introduced a similar conditional birthright citizenship in 2000. To eliminate this right would be unconstitutional and impractical. Any person in the United States, even a foreign tourist, is subject to United States laws while here. In my opinion, it's much less complex than people think.

This country has a long history of politicizing the tension and confusion around immigration policy. While we may disagree over our country's immigration policies, we must agree that the way we respond to those policies can not include tampering with the Fourteenth Amendment. Just because other nations have different policies, that does not give our leaders the right to directly violate the constitution.

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