John Pilati
Franklin Free Press
U.S. Rep. Robert Aderholt, who represents Franklin County as part of Alabama’s Fourth Congressional District, is a co-sponsor of proposed legislation called the Birthright Citizenship Act, which would change the long-established interpretation of birthright citizenship, a priority for President Donald Trump.
Introduced by Congressman Brian Babin of Texas, the Birthright Citizenship Act would, according to a press release from Aderholt, “restore the 14th Amendment to its original intent and address the current misinterpretation of birthright citizenship.”
Supporters of the legislation maintain that Congress has legal authority to ‘clarify’ Constitutional Amendments to make sure they are interpreted as originally intended by the framers.
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Specifically, it states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status.
But sponsors of the Birthright Citizenship Act interpret the Fourteenth Amendment differently. They argue that automatic United States citizenship is granted only to children born in the United States with at least one parent who is:
—a citizen or national of the United States.
—a lawful permanent resident residing in the United States, or
—a lawful immigrant actively serving in the United States Armed Forces.
“I am committed to ensuring that our nation’s laws uphold the principles upon which they were founded,” Aderholt said. “The Birthright Citizenship Act is a necessary measure to preserve the integrity of American citizenship and to prevent the exploitation of our immigration system and prioritize the interests of American citizens.”
According to the Center for Immigration Studies, a self-described non-partisan, non-profit organization with the mission of providing reliable, truthful information about both legal and illegal immigration, one of every 10 births in the United States is to an illegal immigrant mother. And 400,000 expectant mothers cross the border illegally each year intending to give birth in the United States.
The Center for Immigration Studies states that these children who receive automatic citizenship can trigger ‘chain migration,’ opening pathways for extended family members to gain legal residency.
During his Presidential campaign last year, Trump repeatedly committed to make birthright citizenship reform a top priority.
And Aderholt is among the growing number of Congressmen and Congresswomen who are working toward that end.
“America’s citizenship laws should reflect fairness and respect for the rule of law. This common-sense legislation corrects decades of misuse and closes the loophole that incentivizes illegal immigration and exploits U.S. citizenship through birth tourism,” Aderholt said.
Any efforts to end birthright citizenship as outlined in the Fourteenth Amendment would likely be met with immediate legal challenges.
On February 10th, a federal court in New Hampshire blocked Trump’s executive order that sought to revoke citizenship for babies born in the United States to illegal immigrant parents.
Organizations including the American Civil Liberties Union are at the forefront of these challenges. The deputy director of the ACLU’s Immigrants Rights Project argued the case before the New Hampshire federal court.
In addition to the issue of whether the intepretation of a Constitutional Amendment may be used by Congress to enact legislation is the question of whether such action could apply retroactively, or just for children born in the future to illegal immigrant parents on American soil.
Supporters of birthright citizenship maintain it is a pillar of the United States Constitution and not subject to interpretation or change by elected officials.
The issue could eventually land before the United States Supreme Court, which has been supportive of Trump and Trump policies during his first term.
