Analysis: The Constitution Does Not Grant Birthright Citizenship to the Children of Illegal Immigrants

Dozens of media outlets are reporting in unison that Donald Trump cannot stop the U.S. government from awarding birthright citizenship to the children of illegal immigrants. They claim this is the case because the 14th Amendment of the U.S. Constitution requires it.

In reality, the legislative history of the 14th Amendment is clear that it only grants birthright citizenship to the children of people who are legally and permanently living in the United States. This does not apply to the children of illegal immigrants, temporary residents, visitors, or tourists.

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Another Federal Court Rules Against DACA, This Time Related to Health Care

DACA Supporters

Another federal court has ruled against the federal program, Deferred Action for Childhood Arrivals (DACA), arguing a Biden administration plan to provide free health care to DACA recipients is illegal. 

It’s the fourth time a federal judge has recently ruled against a program created by former President Barack Obama through executive order in 2012.

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Victor Davis Hanson Commentary: Illegal Immigration and Western Spiritual Sickness

The usual suspects have weighed in on recent belated efforts to enforce U.S. immigration laws.

Our now bankrupt media, the corrupt government of Mexico, and the Diversity/Equity/Inclusion apparat have damned a series of laws recently passed by the Florida legislature and signed by Governor Ron DeSantis that enforce existing federal immigration laws.

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Commentary: Citizenship, Immigration, and the Great Society

U.S. Citizenship and Immigration Services

The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration Act of 1965 formed the core of the Great Society. Together, they became what some have called the “Second Reconstruction.” Professor Gabriel Chin noted that  “[i]n a remarkable fifteen-month span between July 1964 and October 1965 . . . these laws unquestionably marked a turning point in American history and dramatically changed American society.” 

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Biden Admin to Launch Government-Wide Effort to Make Up to 9 Million Immigrants Citizens

The Biden administration is expected to launch a government-wide effort to make up to 9 million immigrants living in the U.S. citizens, the U.S. Citizenship and Immigration Services announced Friday.

President Joe Biden asked federal agencies to work on “welcoming strategies that promote integration, inclusion, and citizenship,” through an executive order, according to CNN. The U.S. Citizenship and Immigration Services (USCIS) announced the agency’s plan to “breaking down barriers to U.S. citizenship” and promote naturalization for immigrants who are eligible.

“The idea is to find a whole-of-government way to reach out to people who are able to naturalize,” a USCIS official reportedly told CNN. The official said there are around 9 million immigrants living in the U.S. as lawful permanent residents who could be eligible for citizenship.

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House Preps to Pass Two Immigration Bills, Dreamer Pathway to Citizenship, Agricultural Worker Visa Reform as Border Crisis Intensifies

The House will vote on two immigration bills this week as the numbers of migrant families and children detained at the southern border surges.

The first bill, dubbed the Dream and Promise Act (DPA) would provide a pathway to citizenship for Dreamers, immigrants who have lived in the U.S. illegally since being brought as young children.

The second, the Farm Modernization Workforce Act (FMWA), would create a certified agricultural worker status and streamline the H-2A visa application process. President Joe Biden has also announced a sweeping immigration reform plan in addition to the two bills, though Republicans have labeled it a non-starter.

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Commentary: Citizenship and the Nation-State

A prominent immigration scholar, David Jacobson, writes that “[t]ransnational migration is steadily eroding the traditional basis of nation-state membership, namely citizenship. As rights have come to be predicated on residency, not citizen status, the distinction between ‘citizen’ and ‘alien’ has eroded. The devaluation of citizenship has contributed to the increasing importance of international human rights codes, with its premise of universal ‘personhood’.” 

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Despite the Media-Driven Rhetoric, the Constitution’s 14th Amendment Does Not Grant ‘Birthright Citizenship’

young children

by James D. Agresti   Michael Anton, a former national security official in the Trump administration, recently argued in a Washington Post op-ed that the current federal practice of granting citizenship to the children of illegal immigrants “is an absurdity—historically, constitutionally, philosophically and practically.” A number of media outlets have published fiery rebuttals declaring that…

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