Expert debunks citizenship claims against children of undocumented immigrants in federal court

February 26, 2025 | Judiciary: House Committee, Standing Committees - House & Senate, Congressional Hearings Compilation


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Expert debunks citizenship claims against children of undocumented immigrants in federal court
In a recent meeting of the U.S. House Committee on the Judiciary, discussions centered on the contentious issue of birthright citizenship and its interpretation under the Fourteenth Amendment. The meeting highlighted historical parallels and legal precedents that shape current debates surrounding the citizenship of children born in the United States to undocumented immigrants.

One of the key points raised was the historical context of arguments against birthright citizenship, particularly those made in the late 19th century. Professor Frost referenced the Supreme Court case United States v. Wong Kim Ark, where similar claims were made regarding the citizenship of children born to Chinese immigrants. These arguments, rooted in racial prejudice, were categorically rejected by the Supreme Court, which affirmed that the phrase "subject to the jurisdiction thereof" in the Fourteenth Amendment applies narrowly to specific groups.

Frost elaborated on the three classes of individuals excluded from automatic citizenship: children of diplomats, Native Americans, and enemy aliens in occupied territories. He emphasized that these exclusions were clearly defined by the Reconstruction Congress and do not extend to children of undocumented immigrants. This distinction is crucial in understanding the legal framework surrounding birthright citizenship today.

The meeting also touched on contemporary implications, including a lawsuit involving Alicia Lopez, an asylum seeker from El Salvador. Her case underscores the ongoing struggles faced by individuals navigating the complexities of immigration law and the quest for citizenship in the United States.

Overall, the discussions in this meeting reflect a broader societal debate about immigration, citizenship, and the legacy of historical injustices. As lawmakers continue to grapple with these issues, the outcomes of such discussions will likely have lasting impacts on the lives of many individuals and families in the U.S. The committee's next steps remain to be seen, but the reaffirmation of established legal precedents suggests a continued commitment to uphold the principles of the Fourteenth Amendment.

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