The Disagreement Birthright Citizenship
May 15, 2025
In this discussion, Cristina Rodríguez, a Yale Law professor and co-chair of the Supreme Court Commission, teams up with Rod D. Martin, a political commentator and former advisor. They dissect the profound implications of birthright citizenship, rooted in the 14th Amendment. Key topics include the historical context of landmark cases like Wong Kim Ark, and the ongoing legal battles over children's citizenship rights amidst ever-evolving immigration policies. Their debate highlights the urgent need for a nuanced conversation around these critical issues.
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14th Amendment Citizenship Scope
- The 14th Amendment grants citizenship to all born in the U.S., regardless of parents' nationality or status.
- Exceptions are narrow: children of diplomats, hostile occupiers, and Native Americans at that time.
Legal Exceptions to Birthright Citizenship
- The phrase "subject to the jurisdiction thereof" excludes children of diplomats and hostile occupying forces from citizenship.
- This shows the constitutional framework differentiates these cases from unauthorized immigrants.
Jurisdiction Applies to Unauthorized Immigrants
- Unauthorized immigrants are subject to U.S. jurisdiction as they follow its laws and can be deported.
- Thus, their children born here should be citizens under current legal interpretations.