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The 14th Amendment to the Constitution — which was ratified three years after the end of the Civil War — states that “all persons born or naturalized in the United States and subject to the ...
President Donald Trump is seeking to end birthright citizenship, a constitutional right enshrined in the 14th Amendment. We asked two experts in constitutional and immigration law to walk us ...
The birthright citizenship amendment dates back to the days after the US Civil War, and settled the question of the citizenship of freed, American-born former slaves.
The Democratic attorneys general and immigrant rights advocates say the question of birthright citizenship is settled law and that while presidents have broad authority, they are not kings. “The president cannot, with a stroke of a pen, write the 14th Amendment out of existence, period,” New Jersey Attorney General Matt Platkin said.
"The Framers of the 14th Amendment would be appalled at how abused the notion of 'birthright citizenship' is today," U.S. Rep. Andy Biggs, R-Ariz., said in a statement.
The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans.
Anyone born in the U.S. is considered a citizen at birth, which derives from the Citizenship Clause of the 14th Amendment that was added to the Constitution in 1868.
Latest status 117th Congress: U.S Citizenship Act of 2021 H.R. 1177: February 18, 2021 Linda Sánchez (D-CA) 153 Died in Committee. S.348: February 22, 2021 Bob Menendez (D-NJ) 26 Died in Committee. 118th Congress: U.S Citizenship Act of 2023 H.R. 3194: May 10, 2023 Linda Sánchez (D-CA) 118 Referred to committees of jurisdiction.