The legality of birthright citizenship in the United State has come to light again.
President Trump in his recent interview resurrected a much-debated but rarely tested legal question about the birthright citizenship. He said he planned to issue an executive order that would end the automatic grant of citizenship to those born in this country to non-citizens. That will be to counter the provisions of the USA Constitution.
Different opinions about the issue has being raised by legal experts and debated for years on how to interpret the citizenship clause of the Constitution’s 14th Amendment, although those in agreement with the long-held practice of granting citizenship to those born on U.S. soil seems to be having a upper hand.
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The Constitution’s 14th Amendment text says: “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 phrase, “and subject to the jurisdiction thereof,” as argued by some legal scholars, seems to give the government leeway to restrict the right, just as other Constitutional amendments can be limited.
The question on everybody’s mind is “What will happen if the President signed an executive order to re-interpret the birthright citizenship clause?”
While a child born by a non-citizen in the USA ( refer to as anchor baby) gains citizen statues by birth, it does not confer citizenship or any privilege(s) to the parent. Having a child under the age of 18 years old, even though a citizen does not give citizenship or its privileges on the parent. But the child at age of 18 years old may start and file relevant immigration process for the parent to become a citizen. The process is long and tedious and will only be approve by the USCIS if everything checks out.
The hope of most immigrants coming to USA to have their child is to give them an option in future, should it be necessary, while some immigrants come to benefit from the high quality of healthcare services. They pay cash and do not take advantage of the opportunities open to citizens and residents of the USA. Every loving parent will do anything within their power to make their child happy, and give them a future to look forward to, as much as its within their power. Many will take up mortgage, invest and save for college, 401k, and other form of benefits for the future of their kids.
Whatever the outcome of the debate, what is most important is the LAW and CONSTITUTION AS AMENDED at each given time. Everyone, either citizen or immigrants should respect the constitution or executive order if passed.