Citizenship Is A Birthright We've Earned And Intend To Keep

Marc H. Morial 
President and CEO
National Urban League

“...the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”

“The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.”

“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary…” – Executive Order 14160

That language came directly from a White House Executive Order, signed last January, under the guise of protecting Americans. Its true goal, however, was to fast-track deportations by stripping citizenship from children born to immigrants who contribute to this country while pursuing citizenship themselves.

The administration has not been shy about labeling immigrants criminals, thugs, and rapists. But the most offensive part of this executive order — and of Trump v. Barbara, the case taken before the Supreme Court to challenge it — is its hypocrisy.

America was founded by immigrants escaping persecution and built by enslaved people brought to this land against their will. The same enslaved people who, in addition to not being considered American citizens until 1868, were also only counted as 3/5ths of a person until the passage of the 14th Amendment.

That Amendment, that constitutional right, is what was at stake in Trump v. Barbara.

While we applaud the Supreme Court for upholding the rule of law and recognizing the history of Black Americans in this country, we are alarmed at the future dangers posed by such a narrow decision. A court where a 5-4 decision is the barrier between who is considered American, days before the nation celebrates its 250th anniversary, is a court that risks everything this country stands for if another extremist judge is ever appointed. In fact, one justice gave this administration a pathway.

In his opinion on the ruling, Brett Kavanaugh wrote that "Congress could — consistent with the Fourteenth Amendment — amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country," adding, "but Congress has not yet done so."

While Kavanaugh was part of the 6-3 majority that voted against the executive order, he was not part of the 5-4 majority that agreed citizenship is guaranteed under the 14th Amendment. The Court split 6-3 to strike down the order itself, but only 5-4 on the narrower and more consequential question of whether birthright citizenship is constitutionally guaranteed to all children born on U.S. soil.

While our movement and the Civil Rights community celebrate this week's victory, we have been put on notice that another assault may soon be underway.

This precarious moment again underscores the power of the ballot and is another signal as to why extremist groups and elected officials are doing everything in their power to block the ballot box and shrink representation. But we are not willing to stand by and allow them to succeed.

Our movement is coordinating a massive voter turnout in this year's midterms through our Reclaim Your Vote campaign, and we are partnering with the Civil Rights community to remind Congress of its role in serving all Americans and moving our country forward, not back into the years before the end of slavery.

This decision, and this moment in our history as we celebrate 250 years of the American experiment, is a reminder that we all have a responsibility to this nation: to stand up in the face of tyranny and fight back with our voice and our ballot.

 
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