What does american constitution says about birth right citizenship ?

Section 1 of the 14th amendment of the constitution says that “all person born or naturalized in the U.S, and subject to the jurisdiction thereof, are citizen of the united states” and of the state wherein they reside.

The amendment, which was ratified in 1868, sought to extend citizenship to formerly enslaved people after the civil war.

When birth right citizenship came about in the 14th amendment, there weren’t unauthorized immigrants in the united states like there are today “julia gelatt”, associate director of the U.S immigration policy program at the migration policy institute, told NPR in december.

But its been applied to immigration for well over century, dating back to the landmark 1898 supreme court ruling in united states vs wong kim ark.

How clause been interpreted.

For over a century, since a young chinese American cook from san francisco named wong kim ark won his case at the supreme court, birth right citizenship for all – including babies born to immigrants – has been a cornerstone of U.S democracy “Aarti kohli” executive director of the asian law.

Wong, who was born in san francisco the court to chinese parents, was barred from entering the U.S – under the chinese exclusion ACT – while returning from an overseas trip in 1890.

In a 6-2 decision, the court ruled that because wong was born in the U.S and his parents where not “employed in any diplomatic or official capacity under emperor of china” the 14th amendment makes him a U.S citizen.

What trump want to change ?

Trump executive order asserts that children born to parents without legal status in the U.S are not subject to U.S jurisdiction and are, therefore, not entitled to U.S citizenship.

The order also extends to children born to parents with temporary legal status in the U.S, such as foreign student or tourists.

Trump who campaigned on cracking down on immigration, is not the first politician to call for revoking birth right citizenship.

“starting in 1991, congress has been introducing bill to end birth right citizenship” but none of these have passed into law.

Can birth right citizenship ne revoked ?

Revoking this right would require amending the U.S constitution or the U.S supreme court to diverge from centuries of established precedent and legal principal that dats back to before the founding of this country (According to american immigration council).

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