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.
Multicultural Meanderings 