Hiroshi Motomura, a law professor at UCLA specializing in immigration, dives deep into the contentious topic of birthright citizenship. He explains the historical roots of this policy and how President Trump's challenges are testing its constitutional foundations. The discussion highlights the Supreme Court's role in shaping citizenship rights and the potential impact on children of undocumented parents. Motomura also critiques the harmful language used in immigration discourse, advocating for a more inclusive understanding of what it means to be American.
Birthright citizenship, a crucial principle rooted in the 14th Amendment, faces contemporary challenges that could redefine American identity.
The potential revocation of citizenship for children of undocumented parents poses significant legal and social implications for diverse communities in the U.S.
Deep dives
Understanding Birthright Citizenship
Birthright citizenship is defined as the automatic granting of U.S. citizenship to anyone born on American soil, with narrow exceptions that include children of foreign diplomats and those in hostile occupation. This principle has been reinforced by the 14th Amendment since its ratification in 1868 and is crucial for the identity of American democracy. There has been a recent political push to end birthright citizenship for children born to parents without legal residency, as indicated by an executive order from the former president. Understanding these nuances is essential because it shapes what citizenship means in the context of America's longstanding legal framework.
Historical Context of Birthright Citizenship
The history behind birthright citizenship can be traced back to English legal traditions that were adopted by the new American nation, confirming citizenship based on birthplace. This practice was solidified in the aftermath of the Civil War when the 14th Amendment aimed to ensure that citizenship was recognized inclusively and non-discriminatively for all individuals born in the United States. The ability to define citizenship through birth on U.S. soil stands as a bedrock principle, especially in a country historically populated by immigrants. Any changes to this foundational understanding could challenge the very essence of American identity.
Implications of Changing Birthright Citizenship
If the executive order aiming to redefine birthright citizenship were upheld, it could potentially revoke citizenship from individuals who have long considered themselves citizens, particularly those born to undocumented or temporarily residing parents. The impacts of such a reinterpretation could extend far beyond identity, affecting voting rights and triggering deportation for those previously deemed citizens. This has led to significant legal battles as various states have challenged the order, emphasizing the Constitution's protection of citizenship rights. This scenario highlights the possible upheaval surrounding citizenship and the challenges inherent in proving one's citizenship based on their parents' immigration status.
The Intersection of Citizenship and National Identity
The concept of a nation of immigrants is central to understanding citizenship in the U.S. and reflects an inclusive vision that aligns with the historical foundation laid by the 14th Amendment. The potential shift away from this notion, as sought by certain political agendas, risks not only altering legal definitions but could also marginalize the diverse groups that make up the fabric of the country. Additionally, this shift could instigate societal divisions, affecting how communities perceive legal status and belonging. Ultimately, this ongoing debate positions birthright citizenship as a fundamental question of what it means to be American in today's increasingly diverse landscape.
President Trump has made it a goal to end birthright citizenship, a fight that is putting the Constitution to the test. Hiroshi Motomura is the Susan Westerberg Prager Distinguished Professor of Law and faculty co-director of the Center for Immigration Law and Policy at UCLA. He joins host Krys Boyd to discuss how birthright citizenship came to be, what the Trump administration’s challenge looks like, and what it means for immigrants and their families living in the U.S. today.