by James D. Agresti Michael Anton, a former national security official in the Trump administration, recently argued in a Washington Post op-ed that the current federal practice of granting citizenship to the children of illegal immigrants “is an absurdity—historically, constitutionally, philosophically and practically.” A number of media outlets have published fiery rebuttals declaring that Anton is dead wrong. They claim that the 14th Amendment to the U.S. Constitution gives citizenship to all children born in the U.S., except for the children of diplomats. However, the legislative history of the 14th Amendment proves that it does not award citizenship to the children of illegal immigrants or anyone who is not legally and permanently residing in the United States. Background In 1866, shortly after the Civil War ended and slavery was abolished, a bloc of Congressmen called the “Radical Republicans“ passed a civil rights law to ensure that African Americans had the “full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens….” This law applied to former slaves but not to foreigners, and thus, it stated that: all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to…
Read the full storyDespite the Media-Driven Rhetoric, the Constitution’s 14th Amendment Does Not Grant ‘Birthright Citizenship’
