09-18-2015, 11:24 AM
THE 14TH AMENDMENT / BIRTHRIGHT CITIZENSHIP
So, Donald Trump wants to end birthright citizenship in the U.S. I wanted to understand the issue and legalities better.
From what I can ascertain, if he and other like-minded individuals want to end it, they will either need to succeed in getting (a) the 14th amendment to the Constitution amended/repealed, or (b) a legal decision that the amendment, as it stands, does not apply to illegal immigrants anyway.
![[Image: timthumb.jpg]](http://mtviewmirror.com/wp-content/uploads/timthumb.jpg)
The large majority of legal scholars and politicians interpret the amendment as applying to any person born on U.S. soil, regardless of the mother's residence status or citizenship of the parents. If their interpretation is correct, the Constitution would need to be amended again in order to cease birthright citizenship to children of illegal immigrants.
But, there are some credible legal and political professionals who argue that the Constitution was not intended to apply to illegal immigrants. Some of them contend that "under the jurisdiction of the United States" is vague and could rightly be interpreted as not applying to illegal immigrants or their U.S.-born children. So, in their opinions, birthright citizenship for babies born to illegal immigrants in the U.S. could be ceased by only a case being brought to court where the judge interprets the amendment and makes a ruling to that effect.
So, Donald Trump wants to end birthright citizenship in the U.S. I wanted to understand the issue and legalities better.
From what I can ascertain, if he and other like-minded individuals want to end it, they will either need to succeed in getting (a) the 14th amendment to the Constitution amended/repealed, or (b) a legal decision that the amendment, as it stands, does not apply to illegal immigrants anyway.
The large majority of legal scholars and politicians interpret the amendment as applying to any person born on U.S. soil, regardless of the mother's residence status or citizenship of the parents. If their interpretation is correct, the Constitution would need to be amended again in order to cease birthright citizenship to children of illegal immigrants.
But, there are some credible legal and political professionals who argue that the Constitution was not intended to apply to illegal immigrants. Some of them contend that "under the jurisdiction of the United States" is vague and could rightly be interpreted as not applying to illegal immigrants or their U.S.-born children. So, in their opinions, birthright citizenship for babies born to illegal immigrants in the U.S. could be ceased by only a case being brought to court where the judge interprets the amendment and makes a ruling to that effect.