Well, I tried to just ignore the rest of the world today. It’s brutally cold and lot of snow on the ground — good day to just stay in in do nothing. But — in this day and age, it’s almost impossible to shut the outside world out. Everything on the Internet and news services is about what the new president’s first, and second days were like.
It seems like once again, President Trump is going to give “governing by Executive Order” a go. He seems to be hitting on a lot of targets… wants to rename the Gulf of Mexico — apparently that’s important to making America great again. But it seems like maybe the one executive order that is drawing the most attention is the one that addresses citizenship by birth or “birthright citizenship.”
I’ve read the U.S. Constitution more in the past few years than I ever did before. I think it makes it pretty clear that all people born in the United States and subject to its laws are citizens — regardless of their parents’ immigration status. That principle was recognized by the U.S. Supreme Court more than 125 years ago.
If I read the Executive Order correctly, it doesn’t apply to current US citizens, and is not retroactive — it only attempts to deprive “persons who are born within the United States “after 30 days from the date of this order” of citizenship.
Well, I never really thought about it much before and it certainly wasn’t on my agenda for today, but I figured some extensive research was in order….
Like most things, this subject lends itself to making things as complicated as you want them to be.
But after you sort through everything, it doesn’t seem all that complicated.
Birthright citizenship applies to all children born in a country that recognizes the principle of “jus soli” (right of the soil,) regardless of the immigration status of their parents.
I’m sure there are other categories, but here’s some…
Children of Legal Immigrants — If a child is born in a jus soil country to parents who are legal immigrants (e.g., holding visas, green cards, or permanent residency,) the child typically acquires citizenship by birth in that country.
Children of Illegal or Undocumented Immigrants — Children born in a jus soli country to undocumented or illegal immigrants also gain citizenship at birth. (The 14th Amendment guarantees citizenship to “all persons born or naturalized in the United States,” regardless of the legal status of their parents.)
Non-Immigrant Visitors — Birthright citizenship can also apply to children born to temporary visitors, such as tourists, students, or business travelers, as long as they are born on the country’s soil.
Countries like the United States and Canada, and many in Latin America grant birthright citizenship universally. But some countries have restrictions, and citizenship might not be automatic if the parents are foreign diplomats or representatives of another government.
It’ll be interesting to see how it plays out, but I’m sure we’ll hear plenty about it and lots of other things on the new president’s agenda. I have a feeling that the next four years — like his previous 4 years, will be exhausting…..
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