Ending Birthright Citizenship for Children of Illegal Aliens

This paper surveys what birthright citizenship is, the birth and history of birthright citizenship in America, options for ending birthright citizenship for children of illegals, and the burden birthright citizenship puts on taxpayers.

Prior to 1868, no one argued that children born in America to noncitizens automatically became American citizens; however, with the ratification of the Fourteenth Amendment, that changed. In 1898, the U.S. Supreme Court decided that a child born of permanent residents who legally entered the United States was a citizen. Today, this has led to the practice of granting citizenship to the children born of illegal aliens in America.

However, there is much debate about whether granting citizenship to children of illegal aliens is required by the Fourteenth Amendment. Certainly, this question has never been addressed by the Supreme Court.

Given the possibility that the Fourteenth Amendment does not grant citizenship to everyone who is born here, it is possible that universal birthright citizenship could be ended, or at least restricted, without an amendment to the U.S. Constitution. One way to do this is through the passage of legislation by Congress under its powers in Article I, Section 8 of the Constitution. Another way is through the adoption of an executive order by the president of the United States. Perhaps the only certainty in this debate is that if one of these methods is tried, it will wind up in court.

The primary reason that universal birthright citizenship is a major issue today is because of the uncontrolled mass illegal immigration that is overwhelming the country. While taking legal steps to end universal birthright citizenship should be pursued, the best way to restrict it is for America to regain control of its national borders.