An Immigration Lawyer On The Truth About Birthright Citizenship

GOP front-runner Donald Trump’s immigration plan, released on Sunday, can be easily summarized in the candidate’s own four words: “They have to go.” The plan is little more than a nativist wish list, with a bold kicker: an end to so-called “birthright citizenship,” the constitutional rule that a child born in and under the jurisdiction of the U.S. is a citizen.

This position is not new. Over the years, there have been attempts by restrictionists to challenge birthright citizenship. In the 1800s, the focus was Chinese immigrants. Of late, the effort has been focused on Latino immigrants, led in Congress by Rep. Steve King (R-IA) and, more recently, Sen. David Vitter (R-LA), who believe they can end this constitutional provision with legislation. Earlier this year, Vitter tried to attach an amendment to the Justice for Victims of Trafficking Act, which provided that a child born in the United States would be considered a citizen only if at least one parent is a citizen, is a lawful permanent resident, or has served in the military.

Now, opposing birthright citizenship may emerge as a kind of litmus test for Republicans; earlier this month, New Jersey Gov. Chris Christie said we should “re-examine the 14th Amendment.” But before that happens, let’s get a few facts straight.

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