The United States follows the principle of birthright citizenship, meaning that any infant born in the United States automatically becomes a U.S. citizen. According to the 14th Amendment to the U.S. Constitution of 1868: "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." In other words, as long as one is born in the United States, they can naturally acquire U.S. citizenship and enjoy the corresponding benefits.
With the passage of the "strictest immigration law in history" in Arizona, the issue of immigration reform has once again become a focal point of American society. According to U.S. media reports, the "birthplace principle" of citizenship, which has sparked much controversy in recent years, is likely to become a hot topic in the new round of debate.
"Jus Soli" or "Jus Sanguinis"?
The United States follows the birthplace principle regarding citizenship, commonly known as the "birthright citizenship" principle. According to the 14th Amendment to the U.S. Constitution of 1868, anyone born on U.S. territory is a U.S. citizen. To prevent illegal immigrants from taking advantage of this provision, some U.S. lawmakers have proposed bills to Congress to amend the relevant clauses, making it impossible for children born to illegal immigrants in the United States to automatically acquire U.S. citizenship.
The Christian Science Monitor stated in an article on the 2nd that, given the "precedent" of the controversial Arizona immigration law, if the relevant "birthright citizenship" clauses are amended, it may once again trigger fierce debate over immigration issues.
The 14th Amendment to the U.S. Constitution was passed during the Civil War, and one of the considerations at the time was to grant slaves legal citizenship status in the name of the Constitution. This method of determining citizenship by place of birth is known as the "jus soli" (right of the soil) principle, which is adopted by 30 countries including Canada and Brazil. Most European countries, however, adopt the "jus sanguinis" (right of blood) principle, meaning that a person acquires citizenship based on their ancestral lineage.
The Christian Science Monitor stated that if Congress passes a bill to amend the "jus soli" principle of citizenship, the United States would move closer to the "jus sanguinis" policies of European countries.
Giving Birth as a "Magic Weapon" for Illegal Immigrants to Stay in the U.S.
The birthplace principle is seen by many as a reflection of the American philosophy of openness. John Skrentny, a sociology professor at the University of California, stated that the United States views itself as a melting pot of different races, which is why it adopts such a principle. However, at the same time, this point is also exploited by many illegal immigrants.
How many children born in the United States are descendants of illegal immigrants? It is impossible to provide an accurate statistic. However, according to a report released in April this year by the Pew Research Center, a U.S. polling organization, this number is growing rapidly. In 2003, there were approximately 3.1 million children born in the United States whose parents were one or both illegal immigrants. By 2008, this number had risen to 4 million.
In fact, giving birth in the United States has become a "magic weapon" for illegal immigrants to remain in the country. According to relevant regulations, illegal immigrants facing deportation can appeal to U.S. courts to stay, using the excuse that "leaving would cause hardship to their children." Furthermore, when these children of illegal immigrants reach the age of 21, they can apply for a "green card" for their parents based on their status as U.S. citizens.
Moreover, the "birthplace principle" has also sparked a trend of traveling to the United States to give birth. Many pregnant women, in order to make their children "Americans," travel to the United States through various channels to give birth and return to their home countries after the child is born. According to reports, there are even specialized companies responsible for sending foreign pregnant women to the United States to give birth, providing agency services from traveling to the U.S. to obtaining passports for the infants.
Some Lawmakers Mulling Reform of the "Birthright Citizenship" Principle
Should the U.S. continue to sit idly by while illegal immigrants give birth in the country, or should it amend the Constitution? Some U.S. lawmakers have proposed that this act should be abolished and that birthright citizenship should be limited to children born in the United States to legal residents.
In October 2005, nearly 100 members of the House of Representatives who advocated for controlling illegal immigration formed an immigration reform caucus in Congress. After proposing suggestions such as increasing the intensity of deporting illegal immigrants, they began to consider canceling the clause that "children born to illegal immigrants in the United States automatically acquire citizenship." According to their interpretation, the scope of application of U.S. law should not include illegal immigrants; since they came to the U.S. illegally, their children should not be covered by the scope.
A proposal to amend the birthplace principle has been submitted to the U.S. Congress. The proposal states that for children born in the United States, they can only acquire U.S. citizenship if one of their parents holds U.S. citizenship or a permanent residence permit.
However, public opinion is not optimistic about the passage of this bill. First, the U.S. Supreme Court has never ruled on the controversy over children born to illegal immigrants in the United States automatically acquiring citizenship; second, amending the Constitution requires a two-thirds majority vote in both the Senate and the House of Representatives, and must also be approved by three-fourths of the states, which is a very long and difficult process.