Birthright
citizenship means anyone born on the king’s soil (today, this means U.S. soil) is a citizen.
The legal doctrine is called jus soli (right of the soil).
The legal doctrine is called jus soli (right of the soil).
Some
conservatives want to take this right away.
They say that U.S.-born children of unlawful immigrants should not be U.S. citizens just because they are born here.
They say that U.S.-born children of unlawful immigrants should not be U.S. citizens just because they are born here.
What’s
their alternative? A doctrine called jus sanguinis—citizenship by blood, or
descent.
Their view is that the descendants of English people who settled here are citizens at birth. They can consent to others being citizens … or not.
Their view is that the descendants of English people who settled here are citizens at birth. They can consent to others being citizens … or not.
Critics
of their view, myself included, say this is a legal formula for white citizenship.
Period. Everyone else can be given lawful permanent residence but not the right
to vote. Conservatives do not deny it but instead shift the discussion to racially degrading terms, for example "anchor babies" and "chain migration."
Back to
Jamestown. King James issued a charter to a company to settle in Virginia.
The deal
included birthright citizenship: The new settlers wanted to ensure that they
and their children and descendants had English citizenship—partly to aid in
inheriting and bequeathing property, and partly as a safety line to return
home.
What was
the view of birthright citizenship 400 years ago? England had it. They extended
it to the children of foreigners. Repeat that line. That undermines the
argument for limiting citizenship at birth to the descendants of English
natives.
This is a
very consequential issue. It has been settled in the U.S. for hundreds of
years.
President
Trump will likely try to change that in his quest to make America white again.
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