The U.S. Constitution's 14th Amendment, which guarantees birthright citizenship, has long been the subject of debate. Former President Donald Trump and Vice President Kamala Harris are proposing different policies on this matter. Whereas Harris has promised to uphold birthright citizenship, I support Trump’s proposal to demolish this practice.
Birthright citizenship allows any person born within the boundaries of the U.S. to become a citizen. The 14th Amendment makes it clear that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The primary intention of the 14th Amendment was to take care of the legal status of formerly enslaved people and ensure the same rights as citizens. However, the framers did not precisely aim to grant automatic citizenship to undocumented immigrants. Instead, they intended to amend the historical injustice by African Americans. Therefore, the application of the amendment status was an unintended consequence. The original intention was narrower.
The issue of birth tourism abuse also comes into play whenever birthright citizenship is addressed. Birth tourism refers to the practice where expectant mothers intentionally travel to the United States with the primary goal of delivering their babies within the U.S. boundaries. Their primary intention is to acquire American citizenship for their babies. According to Trump, birth tourism has symbolic consequences. Even though the numbers might seem relatively inconsequential, it sends a wrong signal concerning the abuse of birthright citizenship. Birth tourism also overstretches local resources such as social services and hospitals.
Birthright citizenship also has some negative consequences on immigration control and national security. Granting citizenship to immigrants' children automatically could be misused by individuals with malicious intentions. Trump's proposal to scrap birthright citizenship will strengthen border control measures. It will also discourage undocumented people from coming to the U.S. with the sole intent to give birth and acquire citizenship for their babies. Demolishing birthright citizenship would deter, discourage, and reinforce the integrity of the United States' borders.
Opponents, including President Biden and legal scholars, argue that any amendments to birthright citizenship must be subjected to a constitutional amendment. Courts have also upheld this practice many times, backing it with the straightforward language of its constitutionality. Birthright has been considered a fundamental component of American identity for over a century. Even though all these arguments are sensible, there is also a need to pay attention to the practical questions raised by Trump.
Trump’s position centered around the original intention of the framers of the 14th Amendment, worries about abuse, and national security makes a lot of sense and needs consideration.