Authored By: TIEBA IBRAHIM
MIDDLESEX UNIVERSITY
Abstract
This article will be discussing the pros and cons of allowing birthright citizenship in the United States and whether the recent amendment of this law constitutes as a violation of the fourteenth amendment according to the United States constitution. This article will discuss the moral, societal, and legal arguments of those who agree and against the change in the naturalisation law. The main issues address in this article will be illegal migration, lack of prosperity for the nation and a substantial tax impact.
Introduction
The purpose of this article is to outline both the positive and negative connotation that abolishing the birthright citizenship law would have on America both from a societal and legal standpoint. This article will first discuss the the wave of illegal migration in the United States and how abolishing individuals citizenship rights would lead to less illegal mass migration. Secondly, the lack of prospectively in the country and discrimination that would occur with a lack of certain races, cultures and religions being granted entry and lastly the large tax and financial impact the change this law would have for the country and its economy.
Background
The Naturalization Act 1790 was the first piece of legislation that passed following the ratification of the United States constitution in 1790 which allowed for foreign babies to be granted ‘natural born citizenship’ status if they belonged to certain US citizens while adopting the same concept of jus soli as the British in the early 1800’s. This act became imbedded in the Fourteenth Constitution clause which was put in place to overturn the famous supreme court decision in Dred Scott (1857). This case stated that all persons who are born or naturalised in the US and are subject to this jurisdiction are therefore considered citizens wherein they reside. This case was the driving decision that engraved the citizenship rights of foreigners into the constitution which is now being fought to amend by the 47th president of the United States Donald J Trump.
Decrease in Illegal Migration
Currently the US has three streams of citizenship according to the fourteenth amendment; a foreigner who later applies to be a citizen through the naturalization process, inheriting citizenship through blood ties like parents through jus sanguinis or lastly the common law rule of jus solis which translates to law of the soil first adopted by the British. The third pathway to citizenship; jus solis is the law that is currently justifying the mass illegal migration of millions of people every year whether through tourism or simply by crossing over states lines through neighbouring countries like Mexico. The citizenship clause caused concern over the whether it was just to allow children to gain citizenship when their parents are in violation of strict immigration laws. This citizenship clause also grants birth right citizenship to individuals who spare no allegiance to the United States and are only weakening the immigration and justice system. Limiting the amount of illegal migration is argued to allow citizenship to become more valued bringing the United States in line with the rest of the international laws who only allow naturalization through jus sanguisin and through the legal channels of naturalisation for foreigners. The negative connotation to striping citizenship to children born on US soil would be the legal implication that hold on the Fourteeneth amendeant making a violation. Scholars argue that changing the constitution is not possible but having an extension and clarification is possible by creating a two tier immigration system. This extension to the clause would deprive babies of US citizens if their parents are not lawful immigrants or hold certain statues and would be evident on birth certificates to allow for officials to differentiate between legally born children and illegal ones. The idea behind this sort of approach is to create a tiered system of second and first class citizens making it hard for some to obtain proof of US citizenship by birth.
American Prosperity
In the early 1800-1900’s the United States relied on foreign migration in order to jumpstart in economy which is what led to the citizenship clause in the fourteenth amendment in the first place. Children who are born to parents with temporary status or parents who lacked lawful permanent later become contributing members to the American economy and society with most joining the US military, founding prospective businesses, becoming US diplomats or even serving in high end political positions have contributed equally if not more than the average white US born citizen. This law has been an economic superpower bringing rise to the United States on the world stage and has become a n economic and social asset. Taking away birthright citizenship away from children prevents a lot of them from contributing to America’s future like their parents did at one point. Striping away birth right citizenship will prevent the future generation of kids from being eligible to gain citizenship so long as their parents remain illegal aliens which creates a large class of stateless children. The job market will collapse as their will be a demand for certain jobs that most white American born individuals would not fill and a collapse in the educational system as they would mot be eligible to join the army, get job or contribute to social security because of their lack of citizenship. The tax impact that that will occur from the loss of these citizens will also be significant as non citizens are only required to pay taxes to the US government if they are residing or work in the US. Losing a large cohort of young able citizens will create a significant reduction in the US tax base and a substantial reduction in revenue.
Legal Implications of citizenship revocation under the Fourteenth Amendment
Moreover, the decision to revoke birthright citizenship is not one that president of the United States can decide on his own. The president is creating a constitutional conflict with the Fourteenth Amendment more specifically the citizenship clause being affected. To deny children their ‘birthright’ goes against the statement in the clause that allows for all persons born or. Naturalised in the US and subject to the jurisdiction thereof are citizens which is the foundation of the birthright citizenship clause. The only two ways that can yield a revocation of this clause would be for a constitutional amendment which requires 38 states to ratify or a re-interpretation of the clause by the Supreme Court which. Revoking citizenship from individuals could also lead to a violation of the Due Process Clause. This clause is also found in the Fourteenth Amendment and is regarding the states inability to deprive any person of their life, liberty or property without the due process of law which can be seen as contradictory to what the president is suggesting be done to its citizens. Most states like Massachusetts and Minnesota have actively created a legal blockade throughout the country encouraging other jurisdictions to vote against this executive order which has caused legal troubles for the president in the lower courts. However, in June 2025 the Supreme Court is set to hear the governments case on reinterpreting the language that is presented in this clause to allow for a broader approach to be taken when issuing citizenship in the United States.
Conclusion
Therefore, the revocation of birthright citizenship can have both a negative and positive impact on Americans, the economy and society. Limiting or revoking birthright citizenship can curb the already growing epidemic of mass illegal migration that is occurring in the United States which punishes those who choose to break immigration laws. On the other hand, this revocation would cause more harm to the innocent children who are at stake during this immigration war rather than their parents who are the perpetrators in this fight. This can also lead to a less diverse and progressive America as these illegal US aliens would not be contributing to the US economy through trade, service and business which in turn creates a huge tax impact in the long term.
