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President Donald Trump said recently that, “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits.”
He’s wrong. According to the CIA World Factbook, 39 countrieshave birthright citizenship.
But the rest of the 195 countries (80 per cent) base citizenship at birth on the nationality or resident status of the child’s parents.
Perhaps Trump should have said instead that the United States and Canada are the only two developed countries that have it, and Canada is in the process of deciding whether to stop using it.
Why have most of the countries in the world rejected birthright citizenship?
Part of the answer can be found in the fact that almost all of the countries that have birthright citizenship are in the Americas.
According to John Skrentny, a prominent sociology professor, the European countries that colonized the Americas established lenient naturalization laws here in order to grow and overpower native populations.
The main drawback of birthright citizenship is that it gives up a country’s sovereign right to decide who will become a citizen by birth. With some exceptions, anyone born in the country’s territory automatically becomes a citizen. This is why the United Kingdom (UK) terminated birthright citizenship.
Read more at https://thehill.com/opinion/immigrat...ht-citizenship
Published originally on The Hill.
Nolan Rappaportwas detailed to the House Judiciary Committee as an executive branch immigration law expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.
And I am tired of hearing his strained 14th amendment arguments with himself, and it is just a discussion he is having with himself. He is not responding to anything I have said in my article or comments anyone else has made. If birthright citizenship is a bad idea, we should get rid of it even if it requires a constitutional amendment. That's what Ireland did, and 80% of the Irish electorate voted to amend the constitution to get rid of it.
And he has ignored the question I have raised about his claim that Trump wants to get rid of birthright citizenship to keep blacks and other dark skinned people out of the country. If the fact that a white president wants to get rid of birthright citizenship means that he is a white supremacist, what does it say about the leaders of the black, Asian, and Arab countries in the rest off the world who have rejected birthright citizenship. Does it mean that they are racists trying to keep whites out of their country.
Eight out of ten countries in the world have rejected it. In fact, only two developed countries still have it, the US and Canada, and Canada is having second thoughts. That should make any open minded person wonder if maybe we should take another look at whether we should have birthright citizenship.
Nolan Rappaport
How many other countries truly guarantee free speech, as we do in our First Amendment? Not a whole lot, actually? Then let's get rid of it. How about the 2nd Amendment? Are there a whole bunch of other countries that truly protect the right to individual gun ownership? Not really? Then hand in your guns. Sorry about that, NRA.
On could go on add on with this line of reasoning. No one would ever seriously suggest that every single amendment to the US Constitution should be tested on the basis of whether other nations have similar laws or not. So why single out the 14th Amendment's birthright citizenship guarantee for such a headcount test? This is just an excuse to defeat the purpose of the Amendment in guaranteeing full participation in American society and American life to ALL American-born children, without regard to race, creed or color.
I will write separately about the Supreme Court's landmark 1898 Wong Kim Ark case, which even at a very dark time in our history of intense prejudice and hatred against Chinese immigrants, anticipating in many ways Donald Trump's tirades against Latino, Middle Eastern and African immigrants, still upheld the equality of all US born children in terms of their right to participate in our society as full citizens, regardless of their ancestry or parents' national origins.
Roger Algase
Attorney at Law
Nolan Rappaport