Trump came into office with a bang. Within 24 hours, the newest POTUS released an executive order ending birthright citizenship. However, despite the blatant unconstitutionality of this order, Trump was on to something: birthright citizenship has to go.
Today, birthright citizenship refers to the constitutional right that provides everyone born on U.S. soil with citizenship, regardless of their parents’ citizenship status. This version of birthright citizenship is untenable.
Birthright citizenship’s purpose has transformed over time. When the government initially ratified the 14th Amendment, it aimed to codify the right to citizenship for former slaves. It wasn’t until the 1898 Supreme Court case U.S. v. Wong Kim Ark that the legal interpretation of this amendment evolved to establish modern birthright citizenship.
On January 20, Trump attempted to overturn over a century of legal precedent regarding birthright citizenship—and failed miserably. Since Trump issued his executive order nullifying birthright citizenship, 22 states have sued the president over the order, arguing that Trump does not have the power to overturn 127 years of legal and constitutional precedent. So, unless by some divine intervention, the issue makes its way to the Supreme Court and the executive order is upheld, it’s safe to say that for now: birthright citizenship will remain.
However, Trump’s executive order reopens a valuable debate: should birthright citizenship remain? I maintain it should not.
In recent years, illegal immigration has spun out of control in the U.S, with birthright citizenship only exacerbating the problem. The Pew Research Center reports that in 2016 (the latest year with available information) there were five million children of undocumented immigrants living in the U.S. Each one of these children had at least one undocumented parent, meaning there are millions of undocumented parents living in this country.
Just to put this into context, Pew estimates that there are 11 million unauthorized immigrants residing in the US today. A vast portion of illegal immigrants chose to have kids here— and for good reason.
Birthright citizenship incentivizes people to illegally immigrate to the U.S., as it ensures a better life for their children. Let’s face it: the United States is one of the greatest countries in the world. America’s opportunities are unparalleled, so many immigrants come here seeking a better life for themselves and their children.
When it’s so easy, why shouldn’t they? What person wouldn’t jump at the chance to provide better opportunities for their future children?
If the U.S. outlaws birthright citizenship, illegal immigration would lose much of its appeal. As a result, illegal immigration levels would almost certainly drop. Especially at a time when immigration levels are at a high—having risen from 3.5 to 11 million illegal immigrants since 1990 according to Pew—finding ways to minimize illegal crossings is crucial.
Immigration is key to a thriving society—so long as it’s legal. There is a reason why the U.S. doesn’t just leave the border open for all to enter. Filtering immigrants is critical in ensuring the safety and prosperity of the United States and all its citizens. When people illegally immigrate into the country, they disrespect federal law and overwhelm the system.
Illegal immigrants are a significant tax burden for U.S. citizens. Steven Camarota, the Director of Research at Center for Immigration Studies, estimates that the lifetime fiscal drain for each individual unauthorized immigrant is $68,000. This means hundreds of millions of dollars when you account for the millions of unauthorized immigrants living here.
All these costs end up falling back on citizens. Condoning illegal immigration allows people to abuse the system. Thus, any law that works to undermine the strength of the border, such as birthright citizenship, must go.
At a time when unauthorized immigration has spiked to unprecedented levels, the U.S. must do everything in its power to minimize further illegal crossings, starting with removing one of the greatest incentives to illegally immigrate: birthright citizenship.
Illegal immigrants have every reason to exploit a constitutional loophole to ensure a better future for their child. However, the U.S. needs to prioritize its own citizens. Given the recent influx of illegal immigrants, further preservation of birthright citizenship is untenable.
The federal government must act now to minimize illegal immigration— starting with abolishing of birthright citizenship.
