We the People The Future of Birthright Citizenship
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Apr 24, 2025 Kurt Lash, a constitutional law expert advocating for originalism, joins Ilan Wurman, who specializes in administrative law, Gabriel Chin, an authority on immigration policy, and Amanda Frost, a citizenship law scholar. They delve into the constitutional challenges posed by the Trump administration's executive order targeting birthright citizenship. The discussion navigates historical roots, the intentions behind the 14th Amendment, and the implications for equality and legal precedents. They also explore the legal complexities surrounding citizenship for children of undocumented immigrants.
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Universal Birthright Citizenship Upholds Equality
- The universalist view holds all born in the U.S. are citizens, except narrow exceptions like diplomats' children and Native Americans under tribal authority.
- This interpretation aligns with text, history, judicial precedent, and the Reconstruction Congress's purpose to ensure equality at birth.
Jurisdiction Means Full Legal Authority
- "Subject to the jurisdiction" means full and complete U.S. jurisdiction, excluding diplomats, Native tribes, and temporary sojourners.
- International law prevented U.S. from full jurisdiction over these groups, which explains citizenship exclusions.
Framers Knew Illegal Immigration Context
- 14th Amendment framers knew about illegal immigration chiefly through slave trade laws and enforcement.
- Despite illegal status of parents, children born in U.S. were considered citizens by the Reconstruction-era Congress.