In a heated discussion during the U.S. House Committee on the Judiciary meeting, the constitutionality of Donald Trump's executive order to eliminate birthright citizenship was sharply criticized. Judge John Kuhnauer, a Reagan-appointed federal judge from Washington, labeled the order as "blatantly unconstitutional," emphasizing that the rule of law should not be ignored for political gain.
For over a century, birthright citizenship has been a cornerstone of American law under the Fourteenth Amendment, which clearly states that all persons born or naturalized in the United States are citizens. This principle has been upheld by at least four federal judges who have deemed Trump's order unconstitutional.
The debate also touched on historical prejudices against immigrants, drawing parallels to past discriminatory arguments. Professor Frost highlighted that similar claims were made in 1897 regarding the citizenship of children born to Chinese immigrants, which the Supreme Court rejected. These arguments, rooted in racism, were deemed baseless and have been consistently dismissed by the courts.
The committee's discussions underscored the enduring significance of the Fourteenth Amendment and the rejection of attempts to undermine birthright citizenship, reinforcing that such efforts have failed in the past and are likely to do so again. As the conversation continues, the implications for immigration policy and civil rights remain critical, with advocates urging a commitment to uphold the constitutional rights of all individuals born in the United States.