• Quick note - the problem with Youtube videos not embedding on the forum appears to have been fixed, thanks to ZiprHead. If you do still see problems let me know.

Birthright Citizenship

Cavemonster

Philosopher
Joined
Sep 28, 2008
Messages
6,701
There is another thread about Trump's statement that he would like to end birthright citizenship via an executive order.

At least one poster expressed a desire to discuss in abstract whether repealing birthright citizenship might be a good thing outside of the context of Trump and the GOP's possible intentions.

This is the thread to do that.
 
Personally I think there is a bar for just about ANY legislation that it needs to address a serious harm productively or provide a serious tangible good.

When talking about changing the constitution, that bar is raised much higher.

I have a hard time seeing that birthright citizenship creates such a major harm to justify such a fundamental legal change.
 
I don't think a country needs to have birthright citizenship and if we were starting from scratch, I doubt most people would think absolute birthright citizenship is the best way to handle the issue.

But, we are not starting from scratch and I do not think the difference between what we have and what we would have after a constitutional amendment would be worth the process of amending the constitution. As you say, there is no evidence that such great harm is being caused.
 
Okay. My basic point in the other thread was

1. The odd dynamic of Jus Soli being an entirely Western Hemisphere standard and Jus Sanguinis being an entirely Eastern Hemisphere standard with only a tiny fraction of one off exceptions.

2. Yes, fine I was little snarky with the whole "Glorious Countries of Europe" thing, but I still stand by the point I was trying to make with it. We're constantly being told in American how policies we don't have (Stricter gun control, Universal health care) can work because they work in European Country So & So.

3. The idea that the simple concept of the act of giving birth grants citizenship isn't a factor in how people decide to come into this country is... laughable. Yes, yes I know Republicans spend too much time scare mongering about anchor babies and Birth Tourism but that one side being unreasonable obsessed with something doesn't mean it's not a legit thing to talk about.

And I am curious how all of this sounds to our European and Asian posters. How would you feel, and be honest, if tomorrow your immigration policy changed so that anyone born on any part of our countries soil was automatically a citizen?
 
Talking about birthright citizenship, in isolation, is difficult. Birthright citizenship exists as a part of the larger question of how citizenship in the country is determined. Comparing the US vs other Western countries is a false analogy unless you consider their naturalization/citizenship process as a whole.

I would not oppose doing away with birthright citizenship if some other form of automatic naturalization took its place. I think it's essential to legally acknowledge that people living within this country in a permanent manner should be automatically considered citizens. Whether that be by birth or by other automatic criteria (living here for certain amount of time, denouncement of other citizenship, etc) is an open question to me. Creating a situation where multiple generations of non-citizen, stateless people could be living in our country in large numbers is bad public policy. Revoking birthright citizenship without substantially altering other aspects of naturalization would lead to this problem.

I don't really see this as a pressing enough issue to justify the amount of work it would require to amend the constitution.
 
Last edited:
The big issue is not about birthright citizenship, but wheither or not the POTUS can change the Constitution at his personal whim.
 
2. Yes, fine I was little snarky with the whole "Glorious Countries of Europe" thing, but I still stand by the point I was trying to make with it. We're constantly being told in American how policies we don't have (Stricter gun control, Universal health care) can work because they work in European Country So & So.

Yes but I think the argument there is that they are doing it and it is working. Not that we should do everything they do.
 
Is Trump not potentially one of the very people who should be denied citizenship?
 
Hey here's a dumb question.

Has Birthright Citizenship ever been put on someone against their will? Is there a precedence for that?

I mean in a lot of countries being a citizen carries with it substantial military service or the inability to hold duel citizenship.

You're a pregnant woman flying from Timbukto to Walla Walla and your plane makes an emergency stop in the Republic of HereNorThere which has birthright citizenship, you go into early labor and boom 18 years later your kid gets called up in HereNorThere's war or jury duty or taxes or whatever.
 
And this is why I didn't bother to start a new thread, because I knew "But Trump..." would follow.

When every discussion in US Politics is the same broad meta-discussion, there's no point in the "Take the sub-topic elsewhere" requests.
 
Okay. My basic point in the other thread was


2. Yes, fine I was little snarky with the whole "Glorious Countries of Europe" thing, but I still stand by the point I was trying to make with it. We're constantly being told in American how policies we don't have (Stricter gun control, Universal health care) can work because they work in European Country So & So.

you have to look at these European country policies in a wider scope for the comparison to be fair. For example, France.

Birthright citizenship is not automatic, but it is if, according to wikipedia:

A child born in France to foreign parents may acquire French citizenship:[3]

at birth, if stateless.
at 18, if resident in France with at least 5 years' residence since age 11.
between 16 and 18 upon request by the child and if resident in France with at least 5 years' residence since age 11.
between 13 and 16 upon request by the child's parents and if resident in France continuously since age 8.
if born in France of parents born before independence in a colony/territory in the past under French sovereignty.
at birth, if born in France before January 1, 1994.
at age 18, if born in France on or after January 1, 1994.

This avoids the problem of a permanent stateless class. This seems fine to me. This is very different than if the US got rid of birthright citizenship and made no other changes to our naturalization process.

We already have the problem of permanent second class citizens, the DREAMers, who are illegal aliens for actions taken by their parents, often when they were very small children. They cannot claim birthright citizenship and there is no easy path for naturalization, as they are illegal aliens. Changing the law such that their own children might not be citizens would only compound a bad situation. In France, most of these people would automatically become French citizens on their 18th birthday, despite France not having birthright citizenship.

The greater context of naturalization is vital to the discussion.
 
Last edited:
The big issue is not about birthright citizenship, but wheither or not the POTUS can change the Constitution at his personal whim.

Exactly. There is a process to change the law. Follow it.
 
What is the argument against "birthright" citizenship? When has it ever been a problem? A founding premise of America is that anyone can come here from anywhere in the world and become -- and be -- American, equal in all respects to every other American. How would someone born here who was not considered a citizen at birth become a citizen? Would he have to be naturalized, like someone moving here from abroad? Could he be deported to a country he has never set foot in? Would his children be citizens at birth? Or would the law create a new, multi-generational caste of non-citizens?

Recording births is generally a city or county function. Would local registrars be required to determine the parents' citizenship? Or would all births be reported to the federal government for investigation? Would someone applying for a passport have to present his parents' birth certificates as well as his own? Grandparents'? Would the legal presumption be that you are not a citizen unless you can prove otherwise? The practical implications here are just mind-boggling.

The key question is what is the problem needs to be solved?
 
Last edited:
Okay. My basic point in the other thread was

1. The odd dynamic of Jus Soli being an entirely Western Hemisphere standard and Jus Sanguinis being an entirely Eastern Hemisphere standard with only a tiny fraction of one off exceptions.

Not exactly arbitrary. Most of the Western Hemisphere's population descends from people who came from the eastern hemisphere in the last few hundred years, given that and the continuing stream of immigration, it makes sense that policies would be different.

As a side note, Jus Sanguinis is not the entirety of the policy in the rest of the world. 24 countries including the UK, Germany and France, some of those we like to look to, have a modified Jus Soli:

https://en.wikipedia.org/wiki/Jus_soli#Lex_soli

2. Yes, fine I was little snarky with the whole "Glorious Countries of Europe" thing, but I still stand by the point I was trying to make with it. We're constantly being told in American how policies we don't have (Stricter gun control, Universal health care) can work because they work in European Country So & So.

Referencing those countries is valid to counter claims that things like single payer coverage are not possible, or that gun restrictions would leave us all massacred by gun toting criminals.

Faced with those examples, opponents of gun restrictions or health reform would need to argue that those countries' outcomes are not acceptable or that the US has conditions that would lead to different outcomes.

We can do the same thing with these policies. Again, I'm not intimately familiar with the full effects of citizenship policy in every country. But I do know that in many of those countries a major concern is the lack of integration of foreign born populations. I don't think denying citizenship by birth helps people integrate and feel a part of the country.

We can also look at countries like Japan which also don't provide birth citizenship. They've got an aging population and really need the new blood that a more open policy might give them.

But all of this puts us in the realm of justifying the status quo. As I started with, I think it's change which requires justification. And "Others do it that way" falls short.

3. The idea that the simple concept of the act of giving birth grants citizenship isn't a factor in how people decide to come into this country is... laughable. Yes, yes I know Republicans spend too much time scare mongering about anchor babies and Birth Tourism but that one side being unreasonable obsessed with something doesn't mean it's not a legit thing to talk about.

I think that's a valid criticism of current policy. And it is a legit thing to talk about. A reasonable case for changing policy would include some real numbers and a real projected change in immigration with a positive outcome that far outweighs negative consequences. I'd be interested to read such a case.
 
And I am curious how all of this sounds to our European and Asian posters. How would you feel, and be honest, if tomorrow your immigration policy changed so that anyone born on any part of our countries soil was automatically a citizen?


Personally I would be very happy if my country undid the 2004 referendum and returned jus soli


Hey here's a dumb question.

Has Birthright Citizenship ever been put on someone against their will? Is there a precedence for that?

I mean in a lot of countries being a citizen carries with it substantial military service or the inability to hold duel citizenship.

You're a pregnant woman flying from Timbukto to Walla Walla and your plane makes an emergency stop in the Republic of HereNorThere which has birthright citizenship, you go into early labor and boom 18 years later your kid gets called up in HereNorThere's war or jury duty or taxes or whatever.


You don't need to make up funny country names, there are people who are US citizens by virtue of being born there, but who lived there for only a short time, who need to think carefully about making the IRS in the US aware of their existence.
Also approximately 50% of the population of Northern Ireland has a citizenship which it would be anathema for them to claim, although I don't believe there are any negative consequences, and post Brexit there may be many positive ones, so we'll see how principles weigh against practicality.
 
.....
You don't need to make up funny country names, there are people who are US citizens by virtue of being born there, but who lived there for only a short time, who need to think carefully about making the IRS in the US aware of their existence.
....

I dunno about other countries, but you can renounce U.S. citizenship, however you acquired it and for whatever reason, and it's a pretty simple procedure. The State Dept. will even give you the appropriate forms.
https://travel.state.gov/content/tr...-Loss-of-US-Nationality-Dual-Nationality.html
https://www.investopedia.com/articl.../why-people-renounce-their-us-citizenship.asp
 
If we didn't have birthright citizenship, and someone had a baby, where would they be a citizen of, if not here? We could be creating a refugee crisis in our own country if we did away with birthright citizenship, creating a bunch of stateless kids.
 
If we didn't have birthright citizenship, and someone had a baby, where would they be a citizen of, if not here? We could be creating a refugee crisis in our own country if we did away with birthright citizenship, creating a bunch of stateless kids.

That would depend on what Country that "someone" who had a baby was a citizen of. If a US citizen has a child in another country, the child is automatically considered a natural born US citizen. Geography is not the answer, the parents citizenship is the answer. Where are Mommy and Daddy lawful citizens?
Chris B.
 

Back
Top Bottom