Kweku: This Is the Birthright Reckoning That America Needs

Good long and informative read:

…Every country has its myths, its memory and a set of ideals that shape its terms of belonging. But these abstractions have particular salience in the Americas where, as the political scientist Benedict Anderson observed, national identity was a more deliberate act of invention: Unlike Europe, where nations imagined themselves as ancient, awakening to an identity traced to an ancestral past, those in the New World thought of themselves as being newly born. This is perhaps nowhere more true than in the United States.

These ideas may feel far removed from the practical concerns of politics. After all, it’s not clear what bearing they have on what the tax rate should be or how to fund Medicaid. But national identity matters because it is a precondition for us to make decisions together, especially the hard ones that may require sacrifice. Our self-conception has always been a contested one, the product of conflict rather than consensus. And in the present moment, it feels as if Americans are deciding, once again, what kind of nation we will be.

Sixty years after the beginning of the third wave of immigration to these shores, nativist sentiment is rising and the country threatens to narrow American identity. We have been here before, and one way of reading American history is as an ongoing war between progress and reaction — each worldview attempting to confront and defeat the other. But our history suggests that the relationship between exclusion and inclusion is messier and more complicated than that. It also suggests a way out of our present crisis without losing our country’s soul.

In his second term, President Trump has sought to use every tool at his disposal, both legitimate and illegitimate, to fundamentally reorder what it means to be an American. His administration has terminated temporary protections for many migrants, sharply stepped up immigration arrests, increased the rate of asylum denials and invoked a wartime law and unconventional accords to deport migrants. It has also claimed wide latitude to cancel visas and schedule those who held them for deportation based on their political views. Perhaps most jarringly, the administration has sought to use executive power to limit birthright citizenship, denying it to those whose parents were in the United States temporarily or illegally. Last Friday, the Trump administration won a procedural victory on that front when the Supreme Court limited the ability of lower court judges to block the policy nationwide.

Unrestricted birthright citizenship — the characteristically New World notion that being born on a country’s soil is enough to make a person its inheritor and steward — represents American identity at its fullest and most audacious. It reflects a belief that the nation can enfranchise and enlist anyone in our grand experiment of self-governance.

But like the rest of America’s immigration policy, the expansiveness of birthright citizenship belies its origins. It was enshrined in the 14th Amendment as a legal solution to the moral contradiction that resulted from adopting and then abolishing chattel slavery. Emancipation created within our borders a whole people from what just a moment before had been regarded by our laws as property. Who were they to us? We amended the Constitution to decide: By virtue of being born in America, they were fellow citizens; the same would hold true for all who would be born here thereafter.

So just as it is hard to imagine that America would have welcomed immigrants so freely had it been founded in an unpopulated wilderness, it is also difficult to imagine that the country would have enshrined unconditional birthright citizenship in the Constitution had all the people who worked its fields been free.

The provision of birthright citizenship also requires us to answer a difficult question: What should bind together people who inherited citizenship from their parents, those who were naturalized into citizenship by a promise and those who received it by virtue of being born on this nation’s soil?

The second great wave of American immigration peaked in 1907, and by 1910, nearly 15 percent of residents were newcomers. Add in the children they had within our borders, and at the turn of the 20th century, immigrant stock — those within a generation of arriving — made up about one-third of America’s population. The weaving of these lives into the national fabric is one of the most important and transformational achievements in our country’s history.

Legend recalls this process as automatic and inevitable, a natural effect of people living near one another, learning from and marrying into one another’s cultures and being pressed into cooperation by simple daily necessity.

These processes did all play a part, but they don’t tell the whole story. The hammering together of an American people out of this European diaspora was seen at the time as an urgent national project. Civic society, business and the government all mobilized to inculcate American culture, language and values. The Y.M.C.A. organized English classes for immigrants. Settlement houses helped them find jobs and enroll their children in schools. The Ford Motor Company held compulsory classes that taught immigrant employees American civics and values. At a pageant, the graduates, dressed in their ethnic garb, would walk into what looked like an enormous melting pot, which their instructors were stirring with oversized ladles, and then walk out waving American flags. The project’s most powerful force was the rapidly expanding public school system, an incubator for national identity in the children of immigrants and natives alike.

We tend to remember this as a uniform effort. In reality, many different agendas were at work, some that sought to protect immigrants from the hardships of life in this country, others that claimed to be protecting this country from the hardship of immigration.

The popular memory of the second wave also tends to understate the extent to which immigrants resisted the campaign to make them Americans. Often clustered together in ethnic enclaves, they created a network of foreign language newspapers, parochial schools and clubs, in part out of necessity, but also in part to preserve their distinctiveness. As the great immigration historian Oscar Handlin documented, many immigrants resented the institutions bent on “improving” them as dehumanizing and patronizing. And the policies of Americanization were not always gentle ones. Laws were passed mandating compulsory school attendance, in part to separate children from the culture of their immigrant parents. Prohibitions against teaching in foreign languages — particularly German — had the same goal.

It’s not surprising, then, that by the 1920s the paternalism of Americanization had fully curdled into an outright nativist, racist and anti-immigrant movement. Ford abandoned the melting pot pageants and started distributing antisemitic propaganda at its dealerships. Representative Charles Stengle of New York argued that the project of Americanization was failing because unlike earlier immigrants, the new arrivals were incapable of assimilation: “The fire has apparently gone out under the melting pot and the original American stock is not absorbing these insoluble elements.” 

Representative John Tillman of Arkansas condemned these insoluble masses as having corrupted America: “We have admitted the dregs of Europe until America has been Orientalized, Europeanized, Africanized, and mongrelized to that insidious degree that our genius, stability and greatness, and promise of advancement and achievement, are actually menaced.”

This movement eventually led to the passage of the Immigration Act of 1924, which slashed immigration overall and instituted nation-by-nation quotas that were based on America’s demographics in 1890 — strongly favoring the fair-skinned, Protestant residents of Western and Northern Europe. In an opinion piece in this newspaper, headlined “America of the Melting Pot Comes to End,” Senator David A. Reed of Pennsylvania, one of the sponsors of the bill, announced that the country would no longer indulge the idea that immigrants could be “fused by the ‘melting pot’ into a distinctive American type.” But it was not the end of the melting pot. It was the beginning.

As historians and economists have argued, the long years of low immigration that followed the act eased white interethnic tensions, clearing the way for the emergence of unhyphenated American identity. Institutions like parochial schools, established as bulwarks against assimilation, often became engines of it. Ethnic enclaves shrank as their upwardly mobile children moved elsewhere and few new arrivals came to replace them. But the immigrants of the second wave didn’t just blend in to an American mainstream, as some nativists had hoped. They enriched it. The 1924 law, motivated by the idea that those immigrants could not become a part of the American fabric, ended up knitting them more tightly into it. The resulting common culture was the ground from which the New Deal consensus could emerge. The solidarity forged in World War II completed the consolidation of this new America.

In 1958, Senator John F. Kennedy looked back on the nation’s history, marked with extermination, exclusion and suppression — more than three decades into an era of restrictive immigration policy — and called America a “nation of immigrants.” It was in this America that it was possible to win the formal extension of America’s promises — first to Black Americans, with the Civil Rights Act of 1964, and then to nonwhite immigrants, with the Immigration and Nationality Act of 1965. America’s most capacious ideal was expanded, then, partially as a product of the nativism that feared it.

In the aftermath of a war against fascism, the racist eugenicism of the 1924 act was an embarrassing echo of the enemy America had helped defeat; in an ideological struggle against Communism, it was a liability. The 1965 Immigration and Nationality Act dropped the country quotas that favored Western and Northern Europeans and made it easier for U.S. citizens to bring their relatives from abroad. The act inaugurated America’s third great wave of immigration, which was drawn heavily from nonwhite countries such as Mexico and China. As some of its skeptics correctly anticipated, the bill reshaped the country’s demographics.

Today, America is home to more immigrants than any other country. In fact, there are more immigrants here than in the next four leading countries combined. In 2024, the United States accounted for 4 percent of the world’s population, but 17 percent of all international migrants lived here, a portion of whom were undocumented. And the fraction of America’s population that is foreign born is once again about 15 percent. Just as it did 115 years ago, this inspires anxieties about American identity. At the core of Mr. Trump’s “Make America Great Again” is a nostalgia for the America that existed before the law was passed. And to many of his followers, this nostalgia promotes a belief not just in the superiority of American culture — a polyglot, provisional culture nevertheless grounded in that of the Anglo Protestant founders — but in the idea that only certain kinds of people, from certain kinds of traditions or nations, can adopt this culture. In this vision, America is not a creed at all. It’s a lineage.

This idea has once again risen in prominence on the right, and is exemplified by the growing political prominence of the term “Heritage American,” meant to denote those who can trace their roots here back several generations. Some conservatives use the phrase to imply that a person’s Americanness is strengthened by the tenure of their ancestors. Other people use it to launder white nationalism with facially neutral language. Either way, in this reckoning, the 1965 Immigration and Nationality Act brought on what now feels like an identity crisis.

Like the immigrants of the now century-old second wave, those of the third great wave are brave, enterprising and industrious, almost by definition, having overcome tremendous obstacles for a chance to be Americans.

This is one reason that, as the economists Ran Abramitzky and Leah Boustan have demonstrated, despite sharp differences among their origins, third-wave immigrants and their descendants move up the economic ladder at a rate similar to those of the second wave. And though debates over immigration are often framed in terms of a zero-sum competition between immigrants and native workers, there’s little evidence that immigrants are economically hurting natives in the long run.

Contemporary nativists often suggest that while the European immigrants of the late 19th and early 20th centuries were able to become Americans, the post-1965 generation of largely nonwhite immigrants is too culturally different to do so. Of course, these are precisely the same arguments that nativists made about those European immigrants when comparing them to those that had preceded them. The nativists are equally incorrect this time around.

But it is true that replicating the binding together of the nation faces new challenges. For instance: A loose collection of Europeans turned themselves into white Americans in part by defining themselves against those who were not, especially Black Americans. Can we arrive at an American “we” without a “them” to marginalize?

And integration into America doesn’t work the same way it once did. The global dominance of American culture and commerce has made it easier than ever for immigrants to acculturate. Even before they arrive, they can watch us hash out our values on X, learn our jokes and dance moves from TikTok and read our newspapers online. They can even shop our latest clothing trends. But that same world has removed some of the pressures that encourage them to do so. Thanks to the internet and social media, immigrants can make it in America without entirely leaving their past, because their homeland is never more than a touch screen away. They can maintain their old relationships, consume their old media and keep contact with their old neighborhoods, living in two worlds and neither at the same time. There is some evidence that this could be slowing down assimilation. Ethnic enclaves can be almost as all-encompassing when they are digital as when they are geographic.

Fuzzier but no less real are the changes in the posture of Americans toward their own cultural identity. Immigrants still do want to become Americans, but they are assimilating into a national identity that is fractured, adversarial and uncertain. And at almost the same time that America extended its promise to nonwhites in the 1960s, it began to abandon the goal of unity out of plurality. The idea that there are certain values or principles that immigrants and natives alike should adopt as Americans has eroded: To some parts of the right, our ideals are ancillary to the concreteness of ancestry; in some parts of the left, they are a bad joke, an obstacle to equity.

The world has changed, so the way that we think about what it means to become American must too. But one thing remains the same: A cohesive and inclusive American identity won’t just create itself. It must be forged. And it’s a project that we must all participate in, adapting the successes and avoiding the missteps of the past.

It’s a serious task that calls for sweeping solutions. A sharp across-the-board reduction in legal immigration — paired with a generous amnesty program for those undocumented and unauthorized immigrants who are established in America — might help America regain its balance and compose a new harmony out of its profuse cacophony.

But that alone is likely to be insufficient. The English writer and philosopher G.K. Chesterton, after visiting the States in 1921, said that Americans had styled themselves a “nation with the soul of a church.” In 1956, Horace Kallen, the father of cultural pluralism, went even further, writing that “the American Idea is, literally, religion.” If one can inherit a creed, then it is in the same way one is inculcated into a faith. It requires a practice. A mandatory national service program, in which 18-year-olds work shoulder to shoulder with Americans from different backgrounds, could serve that purpose, just as mandatory military service did in World War II.

These suggestions are thorny, and have difficulties of their own. An immigration pause would need exceptions to respect international asylum law, for instance, and if America is going to prevent disadvantaged people from improving their lives by immigrating here, it has a moral duty to help them where they are. Mandatory national service would be both socially and economically disruptive. It may also be the case that Americans have no appetite to pursue these options, even if they were guaranteed to work.

But an American identity that can unite us all is worth fighting for. Our country has urgent problems, and solving them requires the civic solidarity that thinking of ourselves as Americans helps to create. The historian Richard Slotkin has observed that a workable American identity must join both the descendants of the Indigenous and those who dispossessed them, the line of the enslaved and those who possessed them, those who can trace their lineage beyond the Revolution and the newly arrived, the natural-born and the naturalized; a teeming profusion of races, cultures, classes and religions. It is a challenge and a burden. It is also, though, a blessed inheritance.

Source: This Is the Birthright Reckoning That America Needs

U.S. Supreme Court ruling jeopardizes birthright citizenship

More on the SCOTUS decision:

….Many legal scholars doubt the Trump tactic, and argue that what the words say is what the amendment means. But the Trump administration argues that the context of the 14th amendment – part of a flurry of changes in American life after the Civil War that tore the country apart geographically, culturally, economically, and morally – means that the language reflected a specific moment in time and a specific circumstance. They argue that the 19th-century amendment doesn’t apply to far different 21st-century circumstances. 

The irony is that many of those who support that position also embrace a “strict constructionist” view of the Constitution, urging in other cases that the words of the founding American document (which includes the 25 amendments that followed) are to be taken literally, shorn of context or interpretation.

The Supreme Court’s decision actually said nothing about birthright citizenship. It merely argued that, as Justice Amy Coney Barrett put it, excesses by the executive branch can’t be stanched by excesses of the judicial branch. That means that lower-court judges skeptical of, or opposed to, Trump policies cannot invalidate those initiatives.

The fact that the court test involved the Trump birthright citizenship case opened the administration to pursue its original intention, the denial of citizenship to some children of migrants and to make them vulnerable to deportation. This was an especially important target to the administration because of its view that large numbers of migrants were having children in the U.S., or coming to the country, for the express purpose of rendering their children American citizens.

A May study by the Migration Policy Institute at Penn State University found that, if Mr. Trump prevailed, about 255,000 children born on U.S. soil each year would be denied American citizenship.

The Supreme Court likely will rule on birthright citizenship in its next term, which begins in October, though it is possible some of the suits already filed may prompt it to make a swifter ruling. …

Source: U.S. Supreme Court ruling jeopardizes birthright citizenship

What is birthright citizenship and what happens after the Supreme Court ruling?

Ongoing and further undermining of checks and balances:

After the Supreme Court issued a ruling that limits the ability of federal judges to issue universal injunctions — but didn’t rule on the legality of President Trump’s executive order on birthright citizenship — immigrant rights groups are trying a new tactic by filing a national class action lawsuit.

The lawsuit was filed on behalf of two immigrant rights organizations whose members include people without legal status in the U.S. who “have had or will have children born in the United States after February 19, 2025,” according to court documents.

One of the lawyers representing the plaintiffs, William Powell, senior counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law, says his colleagues at CASA, Inc. and the Asylum Seeker Advocacy Project think that, with the class action approach “we will be able to get complete relief for everyone who would be covered by the executive order.”

Source: What is birthright citizenship and what happens after the Supreme Court ruling?

ICYMI: At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight

Useful analysis of some of the usual suspects of “fringe” legal theories:

Shortly after the Supreme Court announced in April that it would consider the nationwide freeze on President Trump’s executive order ending birthright citizenship, he gleefully spoke to reporters in the Oval Office.

Mr. Trump said that he was “so happy” the justices would take up the citizenship issue because it had been “so misunderstood.” The 14th Amendment, he said — long held to grant citizenship to anyone born in the United States — is actually “about slavery.”

“That’s not about tourists coming in and touching a piece of sand and then all of the sudden there’s citizenship,” Mr. Trump said, adding, “That is all about slavery.”

For more than a century, most scholars and the courts have agreed that though the 14th Amendment was added to the Constitution after the Civil War, it was not, in fact, all about slavery. Instead, courts have held that the amendment extended citizenship not just to the children of former slaves but also to babies born within the borders of the United States.

The notion that the amendment might not do so was once considered an unorthodox theory, promoted by an obscure California law professor named John Eastman and his colleagues at the Claremont Institute, a conservative think tank — the same professor who would later provide Mr. Trump with legal arguments he used to try to overturn the results of the 2020 presidential election.

The story of how the theory moved from the far edges of academia to the Oval Office and, on Thursday, to the Supreme Court, offers insight into how Mr. Trump has popularized legal theories once considered unthinkable to justify his immigration policies.

“They have been pushing it for decades,” said John Yoo, a law professor at the University of California, Berkeley, School of Law and a top lawyer in the George W. Bush administration. “It was thought to be a wacky idea that only political philosophers would buy. They’ve finally got a president who agrees.”

The White House did not respond to requests for comment.

President Trump promoted the theory during his first campaign but did not act on it until his second term. He signed an executive order on his first day to end birthright citizenship for the children of undocumented immigrants and some temporary foreign residents.

Legal challenges were swift and emphatic. Challengers pointed to the text of the 14th Amendment, which states, “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.”

Proponents of the policy have pointed to birthright citizenship as a cornerstone of what it means to be an American, part of the national ethos of the country as a place that is open to everyone, regardless of faith, color or creed. Of the world’s 20 most developed countries, only Canada and the United States grant automatic citizenship to children born within its borders. 

In a brief to the Supreme Court, an immigrant advocacy group argued that “birthright citizenship is at the core of our nation’s foundational precept that all people born on our soil are created equal, regardless of their parentage.”

State attorneys general who are challenging the policy weighed in with a brief that argued that the Supreme Court had already settled the question in the landmark 1898 case of United States v. Wong Kim Ark, when the court found that a man born in San Francisco to Chinese parents was a citizen.

So far, courts have agreed. Judges in Washington State, Massachusetts and Maryland quickly instituted nationwide pauses on Mr. Trump’s policy.

In oral arguments this week, the justices will primarily consider whether federal judges have the power to order these temporary pauses, known as nationwide injunctions. But the question of birthright citizenship will form the backdrop.

In an interview, Mr. Eastman said he developed his views on birthright citizenship after the terrorist attacks on Sept. 11, 2001.

Back then, Mr. Eastman, who had clerked for Justice Clarence Thomas, was a law professor at Chapman University in Orange County, Calif., and director of the Center for Constitutional Jurisprudence at the Claremont Institute.

In late November 2001, a man named Yaser Esam Hamdi was taken into custody by U.S. forces in Afghanistan and transferred to the U.S. military base/prison at Guantánamo Bay.

Officials learned Mr. Hamdi was an American citizen. His mother, a Saudi national, had given birth to him while the family was living in Baton Rouge, La., where Mr. Hamdi’s father was working as a chemical engineer.

Because Mr. Hamdi was a U.S. citizen, the authorities believed they could no longer hold him as an “enemy combatant” in Guantánamo Bay, where he was considered beyond the reach of the full legal protections of federal courts. They transferred him to a naval brig in Norfolk, Va.

In a 2004 friend-of-the-court brief in the case, Mr. Eastman argued that the idea that citizenship was automatically conferred on all children born on American soil was a “generally accepted though erroneous interpretation” of the 14th Amendment that was “incorrect, as a matter of text, historical practice and political theory.”

Mr. Eastman drew on the work of a California State University, San Bernardino political science professor affiliated with the Claremont Institute, Edward J. Erler, who had offered the same theory in books published in 1997 and 2003.

Mr. Erler, who did not respond to a request for comment, arguedthat the children of people in the country illegally, or temporarily, are not automatically citizens.

Although the idea that children born in the United States automatically become citizens has deep roots in the common law, it was not adopted in the text of the Constitution until 1868, as part of the 14th Amendment. It came in a sentence that overturned Dred Scott, the 1857 Supreme Court decision that affirmed slavery and helped prompt the Civil War.

Mr. Eastman claimed that nowhere during the debate over the 14th Amendment had lawmakers agreed to include temporary visitors.

The justices rejected this view, finding that the Constitution’s due process protections applied to Mr. Hamdi.

Still, for years afterward, Mr. Eastman and Mr. Yoo publicly debated the issue, with Mr. Eastman arguing his theory that birthright citizenship was not in the Constitution and Mr. Yooarguing it was.

For much of that time, the debate felt abstract, Mr. Yoo said, of interest mostly to legal scholars.

“Never has an abstract idea had such enormous policy effects,” he said. “It’s like it almost just jumped from law review articles to the White House.”

That leap happened when Mr. Trump ran for president in 2015.

In an interview with the Fox News personality Bill O’Reilly in August 2015, Mr. Trump outlined his plans to overhaul the immigration system. Mr. O’Reilly seemed skeptical at first, and then increasingly frustrated.

Mr. O’Reilly pointed to the 14th Amendment as an impediment to Mr. Trump’s plan. But Mr. Trump responded, “I think you’re wrong about the 14th Amendment.”

“I can quote it — do you want me to quote you the amendment,” Mr. O’Reilly said, nearly shouting. “If you’re born here, you’re an American — period! Period!”

“But there are many lawyers, many lawyers are saying that’s not the way it is,” Mr. Trump responded.

Mr. Eastman said Mr. Trump was “likely” referring to him but also to other academics who had published on the issue. He said he was not sure how his views had reached the presidential candidate.

Mr. Trump did not pursue a plan to end birthright citizenship in his first term. Mr. Eastman said that in 2019 he met with Attorney General William P. Barr at Mr. Barr’s invitation to discuss a possible executive order on birthright citizenship but that nothing came of it. Mr. Barr did not respond to a request for comment.

Mr. Eastman said he was “very happy” when Mr. Trump announced he would end birthright citizenship on his first day back in office.

By then, Mr. Eastman and Mr. Trump had a close association. Mr. Eastman was one of the architects of a plan to create fake slates of pro-Trump electors in states that Joseph R. Biden Jr. won and to urge Vice President Mike Pence to accept those slates while presiding over the certification of the 2020 election.

A California judge recommended that Mr. Eastman be disbarred over the episode. He said he was appealing, though his California law license is currently inactive as a result. He is also fighting criminal charges that are slowly making their way through state court in Arizona. (A case against him and other defendants in Georgia appears unlikely to go forward.)

Mr. Eastman said that the president did not directly consult him about the birthright citizenship order but that several of his friends, whom he declined to name, were involved. “They knew that my scholarship was kind of at the forefront of this,” he said.

Mr. Trump’s order fueled new interest in examining the underpinnings of birthright citizenship, said Ilan Wurman, a law professor at the University of Minnesota and author of a book on the 14th Amendment.

“President Trump has a rather uncanny ability to move Overton windows — issues that people thought were off the table are on the table,” Mr. Wurman said.

Mr. Wurman argues that a close read of the 1898 case and the historical record reveals that the Supreme Court has never firmly held that children born to those illegally present are citizens.

A flurry of friend-of-the-court briefs have brought some of these ideas to the justices, including one from Mr. Eastman.

In a brief to the justices in late April, he argued that although the justices had agreed to hear arguments only about the nationwide pause on the president’s policy, that they should also decide the merits and end birthright citizenship.

“There are a lot of people in the country waiting for resolution of this issue,” he said. “Is the executive order valid or not? And the longer we wait, the more consternation it’s caused.”

Source: At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight

MPI: Repealing Birthright Citizenship Would Significantly Increase the Size of the U.S. Unauthorized Population

Of note. Canadian non-resident self-pay births for temporary residents and those on visitor visa suggest equivalent Canadian numbers of those who could be affected would be around 5,000:

Ending birthright citizenship for children born on U.S. soil to unauthorized immigrants or certain other non-citizens would have a contrary result from its stated aim of reducing the unauthorized immigrant population. New estimates from the Migration Policy Institute (MPI) and Penn State’s Population Research Institute demonstrate how repeal would significantly swell the size of the unauthorized population—now and for generations to come. 

The new projections show that ending birthright citizenship for U.S.-born children with parents who are either unauthorized immigrants or temporary visa holders (or a combination of the two) would increase the unauthorized population by an additional 2.7 million by 2045 and by 5.4 million by 2075. 

Each year, an average of about 255,000 children born on U.S. soil would start life without U.S. citizenship based on their parents’ legal status, the research shows. 

President Donald Trump on his first day back in office signed an executive order ending birthright citizenship for children born to certain non-citizens. The order, which has been stayed by the courts amid questions over its constitutionality, specifies that going forward, only children born to at least one U.S.-citizen or lawful permanent resident parent would automatically acquire U.S. citizenship. The Supreme Court on Thursday will hold an oral argument on the issue. 

Beyond significantly adding to an unauthorized immigrant population that MPI estimates stood at 13.7 million as of mid-2023, the end of birthright citizenship for many children would create a self-perpetuating, multi-generational underclass—with U.S.-born residents inheriting the social disadvantage borne by their parents and even, over time, their grandparents and great-grandparents. By 2075, there would be 1.7 million U.S. born who were the children of two parents who had themselves been born in the United States, yet would nonetheless lack legal status, the authors estimate. 

“This creation of a class of U.S.-born residents deprived of the rights that citizenship conveys to their neighbors, classmates and work colleagues could sow the seeds for significant disruption to economic mobility and social cohesion in the years and decades ahead,” Jennifer Van Hook, Michael Fix and Julia Gelatt write in the analysis published today. 

The researchers’ projections use assumptions that in-migration, out-migration and fertility rates will hold steady. Yet even if the U.S. government fully sealed the border against illegal entries and ramped up deportations significantly, changes to birthright citizenship would still result in an unauthorized population that is 1.3 million larger in 2045 than it would be if current birthright citizenship interpretations held. 

Read the analysis here: www.migrationpolicy.org/news/birthright-citizenship-repeal-projections

Source: Repealing Birthright Citizenship Would Significantly Increase the Size of the U.S. Unauthorized Population

French parliament restricts birthright citizenship in Mayotte

Of note:

France’s parliament on Tuesday definitively adopted a bill to restrict citizenship rights for children born in its Indian Ocean overseas territory of Mayotte.

The bill put forward by the right does not affect the “right of soil”, also known as “jus soli”, for the rest of France.

But critics on the left have slammed the bill as a concession to the anti-immigration far right and fear it paves the way for restrictions nationwide.

At present, a child born in France to foreign parents can be granted French nationality from the age of 13, provided he or she has spent a certain amount of time in France.

But further conditions have existed since 2018 for Mayotte, a French archipelago that attracts a large number of migrants from its poorer neighbour, the Comoros islands, who travel there irregularly seeking a better life.

Until now, children born there additionally needed to have a parent who had resided there legally for at least three months at the time of birth to apply for nationality.

With the new bill, both parents will need to have legally lived there for at least a year, with an exception in place for single parents.

The Senate approved a final text on Thursday, and members of the lower-house national Assembly backed it on Tuesday.

Source: French parliament restricts birthright citizenship in Mayotte

Trump Immigration Order Could Cost Americans $3,000 Per Baby

When the Harper government made a push for ending birthright citizenship, initial analysis included a cost estimate of $300,000 that would be absorbed by the government, not additional fees for those applying (the documents that I received from ATIP did not indicate any cost recovery plans). Given provincial opposition and the smaller numbers known at that time, the government dropped any change to current birthright citizenship.

Much simpler to do in Canada as the previous analysis indicated but like anything in government, always some complications to address:

Ending birthright citizenship would be chaotic and costly for many Americans due to new fees, paperwork requirements and other issues. So far, the constitutionality of Donald Trump’s executive order, which would no longer guarantee a child born on U.S. soil is an American citizen, has dominated the discussion. While critics and supporters of birthright citizenship have highlighted the legal issues, few people have examined the practical effects. Implementing the policy would create significant financial burdens for U.S.-born and immigrant parents. If the Trump administration succeeds in ending birthright citizenship, it will turn each birth in America into a federal event.

The Immigration Order Would Bring The Federal Government Into The Delivery Room

A National Foundation for American Policy analysis finds the Trump administration would impose a $3,000 or higher “birth tax” for each baby born in the United States to carry out the executive order ending birthright citizenship. The cost includes Form N-600, the 14-page Application for Certificate of Citizenship, which has a $1,385 government filing fee, and the attorney fees related to the form that range from $1,500 to $10,000. Parents also would need to submit biometrics to U.S. Citizenship and Immigration Services (or another agency), and the parents and baby would likely need to appear in person at a Social Security Administration office. Those actions could entail additional expenses. Costs could differ based on a parent’s details.

NFAP developed the updated estimates with Margaret Stock, an attorney at Cascadia Cross Border Law Group, who has helped many military families with the time-consuming process of documenting that a child born abroad is a U.S. citizen at birth. Stock authored a 2012 NFAP report that explained why changing the Citizenship Clause would be expensive and burdensome for individuals.

Unless the Trump administration intends their new birthright citizenship policy to operate on the “honor system,” which is unlikely, U.S.-born and foreign-born parents will spend considerable time and money if they want the federal government to certify their newborn is a U.S. citizen…

Practical Problems For Americans If The Government Implements The Immigration Order

Trump officials have not explained the new burdens the executive order would create for Americans or the process they intend to impose on new parents if judges ruled the administration’s new birthright citizenship policy constitutional.

Receiving a birth certificate after a child is born would no longer suffice to prove a baby is a U.S. citizen at birth. At a minimum, new parents would need to endure a process like when starting a new job: “Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States,” according to U.S. Citizenship and Immigration Services. “All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.”

Margaret Stock believes the process for parents would be more complicated than the current I-9 process companies use to document employment eligibility. “It will have to be much more extensive than the I-9 process,” she said. “Birth certificates showing birth in the United States will no longer prove U.S. citizenship. Someone at the Social Security Administration will need to collect several documents before issuing a Social Security number.”

She said SSA would demand to see a birth certificate with a time stamp on it that shows the time, date and location of birth. The government would also ask for the birth and immigration records of the biological mother and potentially DNA tests to establish the biological father. Officials would also need to see the birth and immigration records of the biological father.

“Only an immigration law expert can do the legal analysis because people’s statuses are a moving target,” according to Stock. “Here’s an example: What if USCIS approves a green card at a Service Center for a pregnant mother a few minutes before (or after) she gives birth? That’s the difference between the baby being a U.S. citizen under the executive order or the baby being an undocumented immigrant.” The Social Security Administration would need an army of expert immigration law adjudicators.

Stock notes that Alaska and Hawaii have federal statutes that do not include the phrase “subject to the jurisdiction.” She believes the executive order may not apply to births in those states.

Today, states, not the federal government, issue birth certificates. SSA relies on state records to issue Social Security numbers to U.S.-born citizens, and the State Department uses those records to issue passports.

“If the fact of someone’s birth within the U.S. is no longer sufficient to prove the person’s claim to U.S. citizenship, all of these bureaucratic systems must be re-tooled,” wrote Stock in the NFAP analysis. “At a minimum, it will require each state to establish a system for verifying claims to U.S. citizenship. More logically, a change to the Citizenship Clause will lead to the creation of a central and authoritative Federal citizenship records system that will register all U.S. citizens—and ultimately, this would likely, in turn, lead to a National Identification card.”

The Trump administration’s effort to end birthright citizenship would add deadweight costs to the economy and financially harm people least likely to possess spare resources. It would also likely create a two-tier caste society with a child’s success in life determined by whether they were born a U.S. citizen at birth.

Margaret Stock said changing birthright citizenship should only appeal to individuals who have not considered the cost and implications of verifying the immigration and citizenship status of every parent of every child born in America.

Source: Trump Immigration Order Could Cost Americans $3,000 Per Baby

USA Immigration ‘gold card’: What is it, and how could it impact our immigration system? 

Of note:

The Bush Institute is a proponent of increasing legal immigration pathways to the U.S., including raising or eliminating per-country caps on green cards. Will the gold card help? 

While the devil is in the details, right now it seems as if the gold card could be a new legal pathway for potential immigrants. But it could also make it harder to qualify for the existing EB-5 program, making a current legal pathway more difficult.  

There are two major policy issues with this proposal. First, while investment and job creation are great, this program doesn’t bring in the workers the U.S. economy needs to fill the open jobs it already has. Even if you assume that a company would pay a high fee to keep, attract, or retain a foreign worker, that’s not a sustainable model to fill the nearly 8 million open jobs in the U.S. The current EB-5 program doesn’t either. Job creation is a wonderful policy goal, but we still need millions of workers to fill open positions.  

Second, similar visa programs around the world have been criticized for being easy targets for corrupt individuals looking to buy their way into countries. Any investor visa program, whether the proposed gold card or the current EB-5, will need to have appropriate vetting and safeguards built in to protect against this possibility.  

Source: Immigration ‘gold card’: What is it, and how could it impact our immigration system?

Trump administration asks Supreme Court to partly allow birthright citizenship restrictions

Will see if SCOTUS accepts application first or decides to shut it down immediately (SCOTUS has accepted application):

The Trump administration is asking the Supreme Court to allow restrictions on birthright citizenship to partly take effect while legal fights play out.

In emergency applications filed at the high court on Thursday, the administration asked the justices to narrow court orders entered by district judges in Maryland, Massachusetts and Washington that blocked the order President Donald Trump signed shortly after beginning his second term.

The order currently is blocked nationwide. Three federal appeals courts have rejected the administration’s pleas, including one in Massachusetts on Tuesday. 

The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children….

Source: Trump administration asks Supreme Court to partly allow birthright citizenship restrictions

Website sells Canadian birthright for $35K to foreign moms 

One of the problems of alternative media and TikTok influencers is their lack of capacity and knowledge.

The number of suspected birth tourists (non-resident self-pay) has been published annually (by me) and the British Columbia data is no longer the highest given the large drop pandemic and post-pandemic of Chinese birth tourists at Richmond General and other British Columbia hospitals (see Birth tourism has doubled since the pandemic lull):

A suspicious website is advertising would-be mothers from around the world the opportunity to have anchor babies in Canada, ensuring their children become naturalized citizens.

The Russian-language website “CanadaMama consulting” is advertising their services at fees ranging up to $35,000 for migrant women interested in baby-tourism. The website promises a “safe birth” and a “life full of opportunities.” 

Potential clients are being lured by the prospect of free education, healthcare, employment opportunities and international travel for their children. The website’s default language is set to Russian, but also has built in English, Ukrainian, Chinese and Spanish translations.  

Canadian TikTok influencer Mario Zelaya was the first to bring attention to the website.

Among the services offered to those interested include property rentals, immigration consultation, visa support, medical service advisory and even newborn photography. 

Akin to airline companies, the website has multiple package options ranging from economy, to optimal to comfort, with additional services such as food delivery, hospital tours, shopping advice and interpretation services offered to those willing to pay extra.

CanadaMama also claims to operate “under contract” and work alongside Canadian hospitals – an unverified claim. 

The company claims to have operated for more than five years, carrying out dozens of successful births

Unconditional birthright citizenship in Canada is attracting many birth tourists, especially in British Columbia–where some hospitals have reported non-citizens making up a quarter of their maternity ward patients.

A Calgary-based obstetrician gynaecologist, Dr. Colin Birch, said in a CBC interview that birth tourism had the biggest impact on cities that had international airports, with trends slowing down after air travel was shut down during the pandemic. …

Source: Website sells Canadian birthright for $35K to foreign moms