Possible Changes for Birthright Citizenship
October 17, 2019
The Trump administration has been focused on immigration reform. Recently, news to limit rights to U.S. citizenship has made headlines. One of the more recent attempts is an effort to withhold or withdraw citizenship from those born in the U.S. by immigrant parents. The issue involves reinterpreting the 14th Amendment of the U.S. Constitution, which states that 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.
The Trump administration is exploring an effort to reinterpret the amendment for children born to immigrants that are not naturalized citizens or otherwise in the U.S. legally to not be entitled U.S. citizenship due to the status of their parents. This runs contrary to how the 14th Amendment has been interpreted for well over 100 years., which automatically considered every child born in the U.S. a citizen based on an 1898 Supreme Court decision. Around 30 nations grant similar citizenship rights, including Canada and Mexico.
The Trump administration has said it is interested in ending birthright citizenship through an executive order. It distinguishes the 1898 Supreme Court decision by stating that it does not apply to children of immigrants illegally because the parents in that case were legal permanent residents. Most legal scholars agree that the law is settled and that the immigration status of the parents should not disqualify children born here from being citizens. In addition, since the 14th Amendment is considered part of the U.S. Constitution, it cannot be overridden by either legislative or executive action. The only correct way to alter the law is to further amend the Constitution.
Impact of Change to Birthright Citizenship
The administration’s interpretation creates more questions than answers. Many countries automatically grant citizenship to children based on the citizenship of their parents. Other nations offer dual citizenship for individuals for various reasons and circumstances. The administration has failed to provide any specific details about its plan to alter birthright citizenship.
Philadelphia Citizenship Lawyers at the Law Offices of MC Law Group, LLC Advocate for Natural-Born Citizens
The law regarding citizenship may be about to change. If you are concerned about your status as a U.S. citizen achieved through birthright or have other issues regarding citizenship that you need to address, contact an experienced Philadelphia citizenship lawyer at the Law Offices of MC Law Group, LLC Call us at 215-496-0690 or complete an online form for a free consultation today. Located in Philadelphia, we serve clients throughout the tri-state area, including Pennsylvania, New Jersey, and nationwide.