LyrArc Article Gist
Britain, Ireland, Australia and New Zealand have redefined citizenship so that it is along blood lines, and not birthright citizenship.
The 14th Amendment of the US Constitution was passed by Congress in 1866 and ratified by the States in 1868. It uses the words-"All persons born or naturalised in the United States, and subject to the jurisdiction therof, are citizens of the United States and of the State wherein they reside."
The US Supreme Court will have to interpret this language and intent of the Amendment whether they intended it to apply to children of unauthorized migrants coming illegally into the country. At the time it was passed after the Civil War it was intended to emancipate freed black slaves and give children of freed slaves citizenship and rights.
Congress, the States and the Supreme Court will have to consider whether the situation intended to be addressed in 14th Amendment was slavery and not the refugees and economic driven illegal migrants flowing in at the rate of 1-2 million a year as happened in 2021-2023. The Supreme Court in its Wong Kim Ark decision in 1898 supported the 14th Amendment at a time when illegal entry into the US was a tiny fraction of what it is today.
The 14th Amendment included under Section 4 on Debt the words-
"Neither the United States nor any State shall assume or pay any debt any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void." The 14th Amendment was in its intent designed to complete the work of the Civil War to free black slaves and give them the rights of citizenship.
The 14th Amendment to the US Constitution Section 1 says-
"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; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
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