Washington, September 10 (Daily Kiran) : The issue of birthright citizenship for children born in the U.S. to parents on temporary visas has resurfaced in Washington. Republican lawmakers are advocating for restrictions on these citizenship rights, while Democrats argue that the 14th Amendment guarantees citizenship at birth.
During a recent hearing by the House Judiciary Subcommittee, Republican leaders urged Congress to take action on this contentious issue. Democrats countered that the Supreme Court has already clarified its stance on this constitutional matter.
Chip Roy, the Republican chair of the subcommittee, emphasized the need for Congress to define the phrase “subject to the jurisdiction thereof” as used in the amendment. He stated, “Congress has a responsibility to clarify what ‘subject to the jurisdiction thereof’ means, to curb the trend of birth tourism, and to uphold the dignity of what it means to be an American citizen.”
Roy argued that the amendment was not intended to automatically grant citizenship to the children of undocumented immigrants or those temporarily residing in the country. He criticized the Supreme Court’s reliance on the 1898 Wong Kim Ark case, which involved a child born to legal and permanent residents in the U.S.
Rosemary Jenks, co-founder and policy director of the Immigration Accountability Project, told the committee that the Supreme Court’s ruling does not prevent Congress from acting. “In the Barbara case, the Supreme Court struck down an executive order. This does not eliminate Congress’s constitutional authority over immigration and citizenship issues,” she noted.
Jenks urged Congress to amend the Immigration and Nationality Act to create exceptions for children born to undocumented immigrants and temporary residents. She suggested that regulations be established for those visa holders seeking government assistance or welfare benefits for their U.S.-born children, proposing that they designate a U.S. citizen or legal permanent resident to receive such benefits on behalf of their children.
“American citizenship is an incredibly valuable right. Our government must fully protect it and ensure that citizenship is only granted to those foreigners we have legally invited to become a permanent part of American society,” Jenks asserted.
Kansas Attorney General Kris Kobach also stated that Congress retains the authority to legislate on this matter. He pointed out that while the Supreme Court ruled against a broad executive order, it did not declare all potential laws on this topic unconstitutional.
Kobach suggested that if a targeted law were enacted to address birth tourism, the court’s outcome could differ.
Democratic lawmakers strongly opposed these arguments. Senior Democratic member Mary Gay Scanlon asserted that children born in the U.S. to undocumented immigrants or visa holders are protected under the 14th Amendment.
Scanlon declared, “Children of undocumented immigrants and those on visas, both born in America, are under U.S. law from birth and possess a clear constitutional claim to the rights, responsibilities, and protections tied to that relationship.”
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