MICHAEL REAGAN: Birthright citizenship is wrong for America

Clay Curtis
November 6, 2018

One user noted that Trump's rhetoric matters because it shapes "how Americans outside of politics understand" the issue. "I thought I was the only one", Trump said. How within them is the roadmap for ending police brutality, sexual harassment, a more robust defence of reproductive rights, and preventing voter suppression.

But the truth is these migrants do not intend to sneak across the border under cover of darkness, but plan to present themselves to USA border officials, pleading US asylum from crime, oppression and violence.

For much of the rest of the world a child takes the citizenship of their parents in terms of "jus sanguinis", or the "right of blood".

In 1898, in United States v. Wong Kim Ark, the Supreme Court ruled that the Fourteenth Amendment guarantees birthright citizenship. "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". In this ruling, the Supreme Court determined that African slaves were not considered American citizens despite being born in America. Now, Trump and his friends who want to eliminate birthright citizenship or "ius solis" are saying that the children of illegal aliens are not "subject to the jurisdiction" of the US and therefore not entitled to citizenship. The lack of any role for the president in amending the Constitution makes Trump's proposed executive order even more troubling. To explain: Common sense would say that all human beings physically present in the United States are "persons" for constitutional purposes-notwithstanding abortion activists' claims to the contrary. No European country does.

The contemporary interpretation has been that this creates citizenship to any persons who are given birth within USA borders.

Nor is this a small matter.

The change would push these individuals into the shadows, deterring them from normal interaction with the rest of us and diverting many to the underground economy.

Yet that 250,000 is a drop in the bucket compared to the total number of immigrants now coming.

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Imagine the complex hurdles for immigration authorities, lawyers and petitioners, to add the names of children to applications of their parents who are in line for a Green Card, retrogress it; to match the application date.

With two months to go in 2017, the estimated arrivals of legal and illegal immigrants is 1.61 million. Texas has for years said it won't accept Mexican identification cards when issuing birth certificates for children of people in the United States to undocumented parents. Since its inception, legal scholars have wrangled over whether the Amendment covers illegal immigrants and noncitizens residing in the U.S., and some have called on Congress to introduce legislation to clarify whether these people fall under the US' jurisdiction in this regard. In a further incendiary move, GOP campaign committees, responding to Trump, released a campaign ad on November 1 calling immigrants "cop-killers". The list includes Canada, Mexico, Brazil, Argentina and other countries in Central and South America. And caravan aside, we are talking about the futures of babies and those, like the Dreamers, who have lived in America all their lives.

We are assured that the greater the racial, ethnic, religious and cultural diversity we have, the stronger a nation we shall become.

For the European population of America, 90 percent of the country in 1965, will have fallen to about 60 percent by 2020, and whites are headed for minority status about 20 years after that.

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But, upon reflection, I kept returning to the second half of my American legal history unit. Americans should be horrified that one is trying to do so, though we're no longer surprised to hear another toxic, attention-grabbing pronouncement from the White House.

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