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Wednesday, August 19, 2015

OPINION - Birthright Citizenship

OPINION: Birthright Citizenship -- A Fundamental Misunderstanding of the 14th Amendment

  

What’s the citizenship status of the children of illegal aliens? That question has spurred quite a debate over the 14th Amendment lately, with the news that several states, including Pennsylvania, Arizona, Oklahoma, Georgia and South Carolina, may launch efforts to deny automatic citizenship to such children.

Critics claim that anyone born in the United States is automatically a U.S. citizen, even if their parents are here illegally. But that ignores the text and legislative history of the 14th Amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children.


The 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship. 


Read the article at foxnews.com...


Hans A. von Spakovsky is a Senior Legal Fellow at the Heritage Foundation and a former Justice Department official.
Hans A. von Spakovsky is a former Justice Department official. He is the co-author, with John Fund of  "Obama's Enforcer: Eric Holder's Justice Department" (Broadside/HarperCollins 2014). He is Manager, Election Law Reform Initiative and Senior Legal Fellow at the Edwin Meese III Center for Legal and Judicial Studies at the Heritage Foundation.

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