What Does Birthright Citizenship Mean & Can it Be Repealed?

There has been a lot of birthright citizenship talk in the media over the past few days, and most comes from a comment Donald Trump made in an interview earlier this week.

ABC news reported the president’s comments:

“We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States … with all of those benefits,” Trump told Axios in an interview that aired Tuesday. “It’s ridiculous. It’s ridiculous. And it has to end.” [1].

So, what does this all mean and how important is birthright citizenship? And can birthright citizenship be taken away? If so, will pervious birthrights be detained and need an immigration bond for release?

Birthright Citizenship Meaning

Birthright citizenship is the right given to people born in the United States, whereby they are immediately given U.S. citizenship, even if their parents are not citizens. That means that anyone born in the United States is automatically a citizen and receives all the benefits of citizenship.

The difference between a U.S. citizen and non-citizen are numerous, including the ability to vote.

How Many Countries Follow Birthright Citizenship?

Roughly 25% of the countries in the world grant birthright citizenship. This includes the United States, Canada, and Mexico. In fact, most counties in the western hemisphere grant birthright citizenship.

Some countries have birthright citizenship that must follow certain rules. For example, in Germany, any children born after January 1^st, 2000 to at least one parent with a permanent resident status are granted birthright citizenship [2].

Why Does Birthright Citizenship Exist?

Birthright citizenship exists in the United States as a way to end slavery. Technically, birthright citizenship is part of the 14^th amendment. The Supreme Court ruled that anyone born from a slave, most of which were not U.S. citizens because they were brought from all over the world, would automatically become a citizen of the United States [3].

This was a measure taken to ensure that slavery would end in the United States.

Can Birthright Citizenship Be Taken Away?

Yes, any part of government law, including amendments and rights laid out in the constitution, can be taken away, repealed, or removed. But it’s not easy. The three branches of government have to follow all the rules and regulations involved in passing a new amendment to repeal birthright citizenship.

 

Source:

[1]: ABC News – Trump says he plans to end birthright citizenship for babies born to noncitizens

[2]: Gesetze – German Nationality Act Section 4: Acquisition by Birth

[3]: Library of Congress – 14th Amendment to the U.S. Constitution