Birthright Citizenship, Blessings, Inalienable Right, But for Whom?

Birthright citizenship, and its troublesome by-product birth tourism (internationals are gaming the system fraudulently), emerges in discussions about immigration.  President Trump has already issued an executive order seeking to suspend birthright citizenship, and this has produced reactions re what’s constitutional ala the 14th Amendment, what’s moral, what does it mean to be a citizen of the U.S.? Discussing birthright citizenship is not ipso facto anti-immigration. All of our ancestors were at some point immigrants, even Native Americans if you reach back far enough. And discussing birthright citizenship is not ipso facto anti-humanitarian, uncompassionate, much less racist. In fact, birthright citizenship is rare. Only 30 countries out of 194 offer automatic birthright citizenship. So, what should the U.S. do? For more Christian commentary, see my website at www.rexmrogers.com, or check my YouTube channel @DrRexRogers for more podcasts and videos. #citizenship #birthright #FourteenthAmendment #Immigration

Transcript

Should children born in the United States to illegal immigrants automatically become American citizens?

Hi, I’m Rex Rogers and this is episode #191 of Discerning What Is Best, a podcast applying unchanging biblical principles in a rapidly changing world, and a Christian worldview to current issues and everyday life.

 “The question of who is entitled to U.S. citizenship is most often raised during debates over illegal immigration. While most of the debate turns on the question of who can become a citizen through legalization and naturalization, some groups argue that the way to end illegal immigration is to change the rules of the game by denying citizenship to the U.S.-born children of illegal immigrants.”

“January 20, 2025, President Donald J. Trump issued an executive order, titled ‘Protecting the Meaning and Value of American Citizenship,’ which said that the federal government will not ‘issue documents recognizing United States citizenship” to any children born on American soil to parents who were in the country unlawfully or were in the states lawfully but temporarily.”

In short order, US District Judge Deborah Boardman blocked this executive order, saying “it’s likely unconstitutional and “runs counter to our nation’s 250-year history of citizenship by birth.” Another legal scholar, Joseph Mead said, “For well over a century, the 14th Amendment has been understood to guarantee citizenship to all persons born in the United States.”

“Eric Hamilton, a lawyer representing the Trump administration, argued that the framers of the 14th Amendment did not intend to ‘create a loophole to be exploited’ by temporary visitors or undocumented immigrants.’”

Among the problems with birthright citizenship in recent years is something called birth tourism. “Birth tourism is the practice of traveling to another country or city for the purpose of giving birth in that country. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship (jus soli). 

Such a child is sometimes called an ‘anchor baby’ if their citizenship is intended to help their parents obtain permanent residency in the country. Other reasons for birth tourism include access to public schooling, healthcare, sponsorship for the parents in the future, hedge against corruption and political instability in the children’s home country.”

“Numerous ‘maternity businesses’ advise pregnant mothers to hide their pregnancies from officials and commit visa fraud—lying to customs agents about their true purpose in the U.S. Once they give birth, several 'birth tourism' agencies aid the mothers in defrauding the U.S. hospital, taking advantage of discounts reserved for impoverished American mothers.”

“United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory (jus soli) or because at least one of their parents was a U.S. citizen at the time of the person's birth (jus sanguinis). Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.” 

Birthright citizenship is explicitly guaranteed to anyone born under the legal "jurisdiction" of the U.S. federal government by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), 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.’

“The term ‘jurisdiction’ was carefully chosen to intentionally exclude U.S.-born children of foreign diplomats and Native Americans living under tribal sovereignty.”

“It was necessary to include the citizenship clause in the Fourteenth Amendment because the Supreme Court’s Dred Scott decision of 1857 had denied citizenship to the children of slaves.”

So, upon initial quick review, it sounds like the Trump Administration is assailing a sacred and historic American ideal…and admittedly, it’s close. Citizenship is a precious gift, not known to millions in history past who were serfs or subjects of their kingdoms, not always protected by authoritarian regimes even today, and a key part of what is means to be an American.

We all know Emma Lazarus’s famous lines from the base of the Statue of Liberty: “Give me your tired, your poor, your huddled masses yearning to breathe free, 

the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me,I lift my lamp beside the golden door!” These immortal words were taken from her sonnet, New Colossus. The words immediately became a “powerful portrayal of the United States as a beacon of hope, freedom, and opportunity for those seeking a new life. The poem captures the essence of the Statue of Liberty as a welcoming symbol and reflects the American ideals that have shaped the nation's history and identity.”

Immigration and citizenship, including birthright citizenship, are a part of this American Dream. All our ancestors were immigrants at some point in time. With few exceptions like the progeny of foreign ambassadors, the children born on American soil, at least since the 14th Amendment in 1868, have been granted American citizenship. Now suddenly, the United States seems to be turning its back on this deeply embedded ideal.

But before we proceed, what we need is perspective. “How many other countries have birthright citizenship? How many such children are there in the United States, and how much is this costing us? The Center for Immigration Studies released a study by Jon Feere that gives some answers.” 

Listen to this. “The “overwhelming majority of the world’s countries do not offer automatic citizenship to everyone born within their borders. Only 30 countries out of 194 offer automatic citizenship. Of the 31 counties listed on the International Monetary Fund’s list of advanced economies, only the United States and Canada grant automatic birthright citizenship.”

What countries do not offer automatic birthright citizenship? Most of Europe:  United Kingdom, France, Germany, Italy, Spain, all the Scandinavian countries, Switzerland. Most of Asia and the Middle east: China, India, Japan, South Korea, Israel, Saudi Arabia, UAE, Qatar, Kuwait, Egypt. Then add Australia and New Zealand. So, the Trump 2.0 Administration is not considering something out of the box or ipso facto anti-humanitarian, much less racist. 

“Nobody is talking about repealing the 14th Amendment, or taking away anyone's citizenship. Nor must we amend the Constitution. But Court needs to clarify the extent of birthright citizenship. It should do so as part of a clear and meaningful policy concerning immigration, naturalization, and citizenship that is consistent with the core principles and highest ideals of the United States.”

“And the hundreds of thousands of such children (born here to illegals) are no accident. Many of them are the result of a deliberate effort by illegal aliens and foreign tourists to exploit our law and use these children to keep themselves in the country. Such children provide access to welfare benefits that would otherwise be off-limits to the parents and can ‘ultimately initiate chain migration of the child’s extended family and in-laws.’”

“CIS estimates that 40% of illegal alien households nationwide receive some type of welfare despite federal prohibitions. That rate is even higher in states with larger numbers of illegal aliens such as New York (49%), California (48%), and Texas (44%). Contrast that very high rate with the fact that only 19% of households headed by a native-born citizen receive welfare benefits. Birthright citizenship is not mandated by the 14th Amendment and the Supreme Court has never held that children born of individuals who are in the United States illegally are citizens — only that the children of individuals who are born to legal permanent residents are citizens.”

So, birthright citizenship is a policy that should be administered in a manner that protects and reinforces the ideals and well-being of American interest and citizens. Altering it is not a sin, nor does it mean Americans suddenly reject legal immigration or will make citizenship off-limits to their children.

I am not against birthright citizenship, nor do I want to see it eradicated, only legally administered in a manner that avoids fraud, discourages willful abuse of the system and its intent by birth tourists, implemented in a way that respects naturalization, and preserves the beauty and blessing of citizenship for all who qualify.

Well, we’ll see you again soon. This podcast is about Discerning What Is Best. If you find this thought-provoking and helpful, follow us on your favorite podcast platform. Download an episode for your friends. For more Christian commentary, check my website, r-e-x-m as in Martin, that’s rexmrogers.com. Or check my YouTube channel @DrRexRogers for more podcasts and video.

And remember, it is for freedom that Christ has set us free. Stand firm.

© Rex M. Rogers – All Rights Reserved, 2025   

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