Introduction
Birthright citizenship has been the subject of much debate and discussion in the United States. Its roots are seen in the 1868 passage of the Fourteenth Amendment, which gave citizenship to everyone born or naturalized in the country, regardless of race or ethnic heritage. Given the illicit slave trade and its significant impact on the development of American civilization, the historical background of birthright citizenship should be reviewed thoroughly to comprehend its significance properly. Although the birthright citizenship section of the Fourteenth Amendment originated from the destruction of the Civil War, it had a long-lasting impact on society, national values, and the right to citizenship.
Historical Roots
The issue of citizenship dates back to the period of enslavement. Following the passage of the 1808 Act outlawing the importing of slaves, the transportation of Africans as slaves to the American continent came to be known as the illegal slave trade (Harris, 2020). Despite the embargo, thousands of Africans were nonetheless brought into the country as slaves (Harris, 2020).
The Civil War emerged due to the illicit slave trade and other factors, which greatly heightened tensions between states that owned slaves and those that did not (Harris, 2020). President Abraham Lincoln’s 1863 Emancipation Proclamation was significant in American history (Harris, 2020). It did not provide freed slaves with the instant right to citizenship, but it did create the framework for the Fourteenth Amendment (Harris, 2020). As a result, this would significantly affect the legal status of African Americans.
The ban consisted of rules prohibiting ships from bringing any people of color who were not citizens of the United States into the country. It partially controlled the flow of both free and enslaved people from other countries into the United States. However, a given set of laws and statutes also facilitated the illegal slave trade in the U.S. (Chin & Finkelman, 2021).
While statutes forced illegal importers to lose rights over the individuals they brought, these African people became the subject of the state laws where they arrived. This made any further illegal migrants or forced-migrated individuals become slaves. Thus, illegal trade also became a great facilitator of slavery even after numerous bans.
One of the first attempts to discourage the illegal trade of slaves started with a Congress decision in 1819, where the first modern methods of immigration control were implemented (Chin & Finkelman, 2021). Specifically, the President was granted the right to deport illegal immigrants to their home countries when investigating any ship coming to U.S. ports. It also provided the possibility to deport illegal immigrants who were already enslaved in the United States.
The Fourteenth Amendment and the Debate Over Birthright Citizenship
In the aftermath of the Civil War, the Fourteenth Amendment was ratified. Its central purpose was to tackle the issue of former slaves and their legal status so that they could become equal citizens. The first sentence of this amendment says: “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” (Ramsey, 2020, p. 405). This section, however, does not provide a clear picture of the methods of obtaining citizenship.
The question here is whether a person born in the United States is a citizen and whether the definition includes other U.S. territories that can be temporary bases, occupation zones, or other permanent regions under the control of the U.S. It can be claimed that if parents are not citizens or legal residents of the United States, their children are not subject to jurisdiction. Furthermore, those who are visiting the country temporarily or undocumented can also be considered not under the jurisdiction of the United States (Ramsey, 2020). In this sense, it is arguable whether citizenship should be granted or should it be granted to everyone.
The Fourteenth Amendment’s protection of birthright citizenship affected American society significantly. Millions of former slaves were granted citizenship. This paved the way for their integration into the country’s social and political structure. Birthright citizenship has not, however, been without controversy. The concept of “birth tourism,” whereby foreign pregnant women purposefully travel to the United States to give birth to ensure their child’s citizenship, has been discussed over the years (Berman et al., 2021, p. 46).
Some claim that this strategy violates the objectives of the Fourteenth Amendment, which has led to suggestions for its modification (Berman et al., 2021). Many other immigrant groups have profited from birthright citizenship, reinforcing the idea that the right to citizenship is permanently awarded to anybody born on American territory (Berman et al., 2021). Therefore, there are conflicting ideas concerning the right to citizenship and modern trends to obtain it.
Modern Controversies and Political Interpretations
Even after the adoption of the Fourteenth Amendment, there were several questions. For example, a question was raised about granting citizenship to migrants from Asia and South America (Chin & Finkelman, 2021). In modern times, the question of citizenship is also being raised in the political discourse over the rationality of granting citizenship to the children of illegal or undocumented migrants.
Although the Fourteenth Amendment clearly states that all born in the United States are entitled to obtain citizenship, it is still controversial whether this principle fits modern realities. Overall, the debate over undocumented migrants seems controversial. One of the major attempts to change came from former President Trump, who tried to provide more restrictive immigration policies along with revising birthright citizenship (Chin & Finkelman, 2021). However, most of these policies were negated within the Biden administration.
One of the cases – Trump v. New York- is a prominent example of the importance of slavery history in the immigration policies of the United States (Vlahoplus, 2020). In this case, most arguments favoring the President’s ability to expel migrants and deny birthright citizenship were based on historical assumptions and interpretations of the Fourteenth Amendment. Here, the historical account was crucial in explaining that citizenship and naturalization were regarded only for white migrants and could not be applicable in modern times. He claimed that statutes of previous centuries included the right to citizenship only for individuals who resided in the U.S. for more than five years and pledged an oath of loyalty (Vlahoplus, 2020).
There were other historical arguments concerning previous statutes that Trump tried to interpret differently. However, this poses the main point of the discussion – the impact of historical decisions on modern life and the impracticality of laws set at that period. Although the Fourteenth Amendment was necessary for banning slavery and enabling citizenship for many social groups, it is still an unclear and indefinite set of rules that causes many controversies for both the government and the population.
Similar to the case for all amendments of the U.S. Constitution, the interpretation of the Fourteenth Amendment varies with different political groups. Anti-migration activists can claim one idea, while pro-migration activists will claim a completely different concept after reading the Fourteenth Amendment. Although its modern implementation is controversial, it is evident that these articles were deeply connected with the institution of slavery, in which political figures of that period were not able to predict issues like birth tourism.
There is no definite position on the advantages and disadvantages of birth tourism or illegal migrants’ citizenship, since other political interest groups will arrive at different conclusions on the migration question. However, it is possible to assume that migrants, both legal and illegal, arrived in the United States in an attempt to change their lives. Escaping war, poverty, political oppression, or low social status in their countries, these people hope to have a more fulfilling life in a country of freedom and democracy. That is why, regardless of the positions of democratic and republican political groups, any migrants should still be considered human beings and granted rights as they arrive in the United States.
Conclusion
Hence, the Fourteenth Amendment’s birthright citizenship provision emerged from the Civil War’s ruins. Yet, it led to long-lasting effects on society, the nation’s values, and the right to citizenship. It was a crucial step toward granting African Americans equality and gave all people born within the nation’s borders the right to citizenship, regardless of ethnicity.
Although birthright citizenship has drawn criticism, it serves as a pillar of American identity and helps the country move toward a more open society. When we know its historical context, we can better grasp its significance and the current difficulties associated with this fundamental component of American citizenship. At the same time, it is important to view such historical claims and laws through the prism of modern needs and be rational about whether given statutes apply to today’s world.
References
Berman, L., Murphy, B. A., Brown, N. E., Gershon, S. A. (2021). Approaching democracy: American government in times of challenge. Taylor & Francis.
Chin, G. J., & Finkelman, P. (2021). Birthright citizenship, slave trade legislation, and the origins of federal immigration regulation. UC Davis Law Review, 54(4), 2215-2266. Web.
Harris, J. (2020). The last slave ships: New York and the end of the Middle Passage. Yale University Press.
Ramsey, M. D. (2020). Originalism and birthright citizenship. Georgetown Law Journal, 109(2), 405-471. Web.
Vlahoplus, J. (2021). Apportionment, Allegiance, and Birthright Citizenship. British Journal of American Legal Studies, 10(1), 107-118. Web.