The last two weeks have been very life-changing. Our office has a new location in Beijing, China. I was also sworn to the Bar of the Supreme Court of the United States. However, the best day of the past two weeks was last Friday. We received THREE approvals for well deserving clients. Two of them are becoming United States citizens because of birthright citizenship. The third became a lawful permanent resident because her United States citizen son applied for her when he turned 21 years old, keeping his family intact in the United States. In this post, I will discuss three reasons why we should keep birthright citizenship.
The right to birthright citizenship is enshrined in the 14th However, the Supreme Court did not rule on such right until 1896. In U.S. v. Wong Kim Ark, a United States citizen of Chinese descent was prohibited from coming to the United States under the Chinese Exclusion Act. He was born in San Francisco, CA of Chinese parents. He visited his parents in China twice, and upon return, he was denied entry. The case went all the way to the US Supreme Court that held that anyone born in the United States is a United States citizen, regardless of the parents’ race. This case has enshrined such right since then.
It is very important to leave United States citizen in the United States. We all know President Trump’s now infamous line regarding other countries. Imagine of all these United States citizens had to go back to their parents’ countries of citizenship. What if they start getting kidnapped and the FBI gets involved in every single case? Imagine if all of these families have to leave the United States and the disastrous consequences to local economies. I do not believe that this policy would be worth it.
So let us imagine a scenario where the Congress or the President passes a law or signs an executive order taking away birthright citizenship. Let us also assume that the same laws would take it away only from sons and daughters of undocumented immigrants (i.e. exactly the same as in Ark). Those laws, depending on current laws of the United States, would be unconstitutional on their face and as applied in specific situations.
First, the laws would be contrary to the 14th Second, the laws would be unconstitutional based on the Equal Protection Clauses in the Constitution. The only way to make such laws constitutional would be to take away birthright citizenship for EVERY person born in the United States. This would mean that no one born after the law passes would be unable to run for President. These consequences would be disastrous for the future of the United States. So we should consider all of these things before even messing with birthright citizenship.
I believe that birthright citizenship is very important. Let me know your thoughts by commenting below.