Why the United States Grants Citizenship to Illegally Present Parents' Children
One unique aspect of United States citizenship is that it grants citizenship to children born on U.S. soil, regardless of the legal status of their parents. This article explores the history and implications of this policy, focusing on the 14th Amendment and the reasoning behind such a stance.
Constitutional Basis for Citizenship
The United States Constitution, specifically the 14th Amendment, states, All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. This means that children born within the jurisdiction of the United States are automatically granted citizenship, irrespective of the legal status of their parents.
Historical Context
It’s important to note that this provision of the Constitution was enacted in a time when the concept of illegal immigration was non-existent. The 14th Amendment was adopted in 1868, in the aftermath of the Civil War, and was intended to provide citizenship to newly freed slaves. Prior to this, there were minimal requirements to become a citizen beyond basic health and sworn loyalty to the United States.
There is a common misconception that the status of the parents at the time of a child’s birth affects the child’s citizenship. However, the amendment is clear and unambiguous in its wording. The citizenship of a child born in the United States is determined solely by the fact of birth, not by the legal status of the parents. This interpretation was further affirmed by the Supreme Court in the landmark case United States v. Wong Kim Ark.
Controversies and Criticisms
While the policy of granting citizenship to children born on U.S. soil is now well-established, it has been the subject of criticism and controversy. Critics argue that it is unfair to grant citizenship to children whose parents entered the country illegally. However, this argument disregards the constitutional framework that underpins this policy.
It is crucial to recognize that the legal status of the parents does not affect the child’s right to citizenship. The law focuses on the place of birth, which provides a clear and decisive criterion for citizenship.
Ethical and Moral Considerations
The ethical and moral arguments in favor of this policy are compelling. It is morally unjust to hold children responsible for the actions of their parents, particularly when those actions took place before the child was born. The Bible also supports this approach, as it states, “The sins of the father shall not be visited upon the children.” This principle is echoed in the notion that individuals are responsible for their own actions, rather than being judged by the choices of their predecessors.
The constitutional framework that grants citizenship based on birthplace, regardless of parental status, aligns with both legal principles and moral considerations. It ensures that children born in the United States are treated fairly and granted the rights and privileges of citizenship that they are entitled to.
Conclusion
The fact that the United States grants citizenship to children born to illegally present parents is rooted in the Constitution and the 14th Amendment. This policy is not about fairness from a societal perspective, but rather a legal and constitutional imperative. Children born in the United States, regardless of their parents' legal status, are granted citizenship by the terms of the Constitution.
It is essential to understand and respect the framework established by the Constitution, as it provides clear guidance for determining citizenship based on place of birth. The United States has a profound moral and ethical commitment to ensuring that children born within its borders are treated fairly and provided with the rights and protections that come with citizenship.