Birthright generation
Encyclopedia
The birthright generation is a term used by immigrant advocates to identify US born citizens protected by the Fourteenth Amendment to the United States Constitution
, which grants American citizenship to all born on American soil, and has one or both undocumented parents. Birthright citizenship may be conferred either by jus soli
or jus sanguinis
. Under United States law, any person born within the US (including the territories of Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands) and subject to its jurisdiction is automatically granted US citizenship.
The alternative term is Anchor Baby
; a term used by immigration reductionists in the United States to describe a child born in the US to undocumented immigrants. It is generally used as a reference to the supposed role of the child, who as a US citizen through the legal principle of , may facilitate immigration for relatives through family reunification
.Family reunification, or family-based immigration, in the USA is a lengthy process and limited to categories prescribed by provisions of the Immigration and Nationality Act of 1965.
This misconception has led those that oppose citizenship rights for children of immigrants, that newborns would facilitate residency and citizenship rights for their parents. However, an American child cannot claim a parent until the age of 21 .
Undocumented immigrants make up roughly 4% of the adult population in the United States. However, because they are young and have high birthrates, their children make up a larger share of both the newborn population (8%) and the child population (7% of those younger than age 18).
The United States v Wong Kim Ark Case 1898
shed light on the validity of the Citizenship Clause. Wong Kim Ark, born in California to Chinese merchants living in the US, left to visit China and then sought to re-enter the United States based on his status as a citizen from birth. The government refused entry, claiming that under Chinese law Wong Kim Ark owed allegiance to China and thus lacked the complete allegiance to the US required by the Citizenship Clause.
The 14th Amendment's citizenship clause, according to the court's majority, had to be interpreted in light of English common law tradition that had excluded from citizenship at birth only two classes of people: (1) children born to foreign diplomats and (2) children born to enemy forces engaged in hostile occupation of the country's territory. The majority held that the "subject to the jurisdiction" phrase in the 14th Amendment specifically encompassed these conditions.
In Plyler v. Doe (1982)
, Supreme Court reaffirmed that the phrases in 14th Amendment: subject to the jurisdiction thereof and within its jurisdiction were equivalent and that both referred to physical presence. The Supreme Court stated in a footnote of the 1982 Plyler v. Doe case that "[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States", and that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens
whose entry into the United States was lawful, and resident aliens whose entry was unlawful."
Senator Mitch McConnell
noted: “I think we ought to take a look at it — hold hearings, listen to the experts on it. I haven’t made a final decision about it, but that’s something that we clearly need to look at. Regardless of how you feel about the various aspects of immigration reform, I don’t think anybody thinks that’s something they’re comfortable with." Senators Harry Reid and Lindsey Graham
have been quoted supporting amendments to the citizenship clause for children born to undocumented immigrants. Harry Reid
argues "We should change our Constitution and say if you come here illegally and you have a child, that child’s automatically not a citizen."
is defined as traveling to a country that grants birth citizenship to the newborn child.
for the People & the Press in June 2010 found that, by 56% to 41%, the public opposes changing this provision of the Constitution.
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, which grants American citizenship to all born on American soil, and has one or both undocumented parents. Birthright citizenship may be conferred either by jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
or jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
. Under United States law, any person born within the US (including the territories of Puerto Rico, Guam, the US Virgin Islands, and the Northern Mariana Islands) and subject to its jurisdiction is automatically granted US citizenship.
The alternative term is Anchor Baby
Anchor baby
"Anchor baby" is a pejorative term for a child born in the United States to immigrant parents, who, as an American citizen, supposedly can later facilitate immigration for relatives...
; a term used by immigration reductionists in the United States to describe a child born in the US to undocumented immigrants. It is generally used as a reference to the supposed role of the child, who as a US citizen through the legal principle of , may facilitate immigration for relatives through family reunification
Family reunification
Family reunification is a recognized reason for immigration in many countries. The presence of one or more family members in a certain country, therefore, enables the rest of the family to immigrate to that country as well....
.Family reunification, or family-based immigration, in the USA is a lengthy process and limited to categories prescribed by provisions of the Immigration and Nationality Act of 1965.
This misconception has led those that oppose citizenship rights for children of immigrants, that newborns would facilitate residency and citizenship rights for their parents. However, an American child cannot claim a parent until the age of 21 .
Statistics
An estimated 340,000 of the 4.3 million newborns in the United States in 2008 were the offspring of undocumented immigrants.Undocumented immigrants make up roughly 4% of the adult population in the United States. However, because they are young and have high birthrates, their children make up a larger share of both the newborn population (8%) and the child population (7% of those younger than age 18).
Evolution of the citizenship clause and court rulings
- The Reconstruction Congress constitutionalized birthright citizenship to assure that no Congress would later retreat from the Civil Rights Act of 1866Civil Rights Act of 1866The Civil Rights Act of 1866, , enacted April 9, 1866, is a federal law in the United States that was mainly intended to protect the civil rights of African-Americans, in the wake of the American Civil War...
to afford citizenship to freedmen. - In the Slaughter-House Cases, the Court explained that the jurisdiction language of the Citizenship Clause "was intended to exclude from its operation children of ministers, consuls, and citizens or subject of foreign states born within the United States. Mainly to prevent conflict involving dual nationality.
The United States v Wong Kim Ark Case 1898
United States v. Wong Kim Ark
United States v. Wong Kim Ark, , was a United States Supreme Court decision that set an important legal precedent about the role of jus soli as a factor in determining a person's claim to United States citizenship...
shed light on the validity of the Citizenship Clause. Wong Kim Ark, born in California to Chinese merchants living in the US, left to visit China and then sought to re-enter the United States based on his status as a citizen from birth. The government refused entry, claiming that under Chinese law Wong Kim Ark owed allegiance to China and thus lacked the complete allegiance to the US required by the Citizenship Clause.
The 14th Amendment's citizenship clause, according to the court's majority, had to be interpreted in light of English common law tradition that had excluded from citizenship at birth only two classes of people: (1) children born to foreign diplomats and (2) children born to enemy forces engaged in hostile occupation of the country's territory. The majority held that the "subject to the jurisdiction" phrase in the 14th Amendment specifically encompassed these conditions.
In Plyler v. Doe (1982)
Plyler v. Doe
Plyler v. Doe, , was a case in which the Supreme Court of the United States struck down a state statute denying funding for education to illegal immigrants and simultaneously struck down a municipal school district's attempt to charge illegal immigrants an annual $1,000 tuition fee for each illegal...
, Supreme Court reaffirmed that the phrases in 14th Amendment: subject to the jurisdiction thereof and within its jurisdiction were equivalent and that both referred to physical presence. The Supreme Court stated in a footnote of the 1982 Plyler v. Doe case that "[e]very citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States", and that "no plausible distinction with respect to Fourteenth Amendment 'jurisdiction' can be drawn between resident aliens
Resident Aliens
Resident Aliens: Life in the Christian Colony is a 1989 book by Stanley Hauerwas and William Willimon which argues that Christian churches should focus on developing Christian life and community rather than attempting to reform the secular culture...
whose entry into the United States was lawful, and resident aliens whose entry was unlawful."
2010 controversy
Proponents of reconsideration of the Fourteenth Amendment have expressed concern in the validity of citizenship of members of the birthright generation. In an interview with The HillThe Hill (newspaper)
The Hill, a subsidiary of News Communications Inc., is a newspaper published in Washington, D.C. since 1994.Its first editor was Martin Tolchin, a veteran correspondent in the Washington bureau of The New York Times....
Senator Mitch McConnell
Mitch McConnell
Addison Mitchell "Mitch" McConnell, Jr. is the senior United States Senator from Kentucky and the Republican Minority Leader.- Early life, education, and military service :...
noted: “I think we ought to take a look at it — hold hearings, listen to the experts on it. I haven’t made a final decision about it, but that’s something that we clearly need to look at. Regardless of how you feel about the various aspects of immigration reform, I don’t think anybody thinks that’s something they’re comfortable with." Senators Harry Reid and Lindsey Graham
Lindsey Graham
Lindsey Olin Graham is the senior U.S. Senator from South Carolina and a member of the Republican Party. Previously he served as the U.S. Representative for .-Early life, education and career:...
have been quoted supporting amendments to the citizenship clause for children born to undocumented immigrants. Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
argues "We should change our Constitution and say if you come here illegally and you have a child, that child’s automatically not a citizen."
Birth tourism
Another term referencing the opposition of the citizenship clause has been birth tourism. Birth tourismBirth tourism
"Birth tourism" is a term for travelling to a country that practices birthright citizenship in order to give birth there, so that the child will be a citizen of the destination country.-United States:...
is defined as traveling to a country that grants birth citizenship to the newborn child.
US surveys
A nationwide survey by the Pew Research CenterPew Research Center
The Pew Research Center is an American think tank organization based in Washington, D.C. that provides information on issues, attitudes and trends shaping the United States and the world. The Center and its projects receive funding from The Pew Charitable Trusts. In 1990, Donald S...
for the People & the Press in June 2010 found that, by 56% to 41%, the public opposes changing this provision of the Constitution.