President Trump’s Birthright Citizenship Fight at the Supreme Court - Mark Krikorian

Quick Overview

Mark Krikorian argues that President Trump's attempt to end birthright citizenship via executive order is legally unsound because the 14th Amendment explicitly grants citizenship to "persons born in the United States," a status he asserts only applies to legal residents, not those present illegally or temporarily, and that this interpretation contrasts with historical practices in other countries like France and Australia which impose statutory limitations on birthright citizenship.

Key Points: Krikorian states the 14th Amendment's clause, "subject to the jurisdiction thereof," was intended only to grant citizenship to formerly enslaved Black people after the Civil War, not to extend it universally. He argues that the term "persons born in the United States" should be interpreted narrowly to exclude those who are not subject to the full jurisdiction of the US, such as illegal immigrants or temporary visa holders, and their children. The Social Security Administration would not issue numbers to newborns unless one parent showed proof of citizenship or Green Card status, illustrating a historical administrative practice. Krikorian estimates that approximately 7% of babies born in 2023 (around 25,000) from countries like China, Russia, and Nigeria were born under this system, often through birth tourism. He contrasts the US approach with countries like France and Australia, which have built-in statutory limitations (like requiring parents to be citizens or residents for a certain period) that prevent automatic birthright citizenship. Krikorian believes the President lacks the authority to unilaterally reinterpret the 14th Amendment via executive order, asserting that such a change requires Congressional action or a Supreme Court ruling. He concludes that the current system, which grants automatic citizenship to children of undocumented immigrants, creates an unsustainable situation and an obligation to one's community and country greater than obligations to foreigners.