US Birthright Citizenship Debate Puts Visa Families in Focus

Washington — The citizenship rights of U.S.-born children of temporary visa holders came under renewed scrutiny as Republican lawmakers pushed for restrictions while Democrats argued that the 14th Amendment guarantees citizenship at birth.

During a House Judiciary subcommittee hearing on birthright citizenship, Republicans called on Congress to act after the Supreme Court overturned President Donald Trump’s executive order. Democrats maintained that the constitutional question had already been settled.

Republican subcommittee Chairman Chip Roy said Congress should define the phrase “subject to the jurisdiction thereof” in the 14th Amendment.

“It is up to Congress to define, subject to the jurisdiction thereof, to put a stop to birth tourism and to uphold the integrity of what it means to be an American citizen,” Roy said.

Roy argued that the amendment was not intended to automatically grant citizenship to children born to undocumented immigrants or temporary visitors. He also said the Supreme Court had wrongly relied on its 1898 Wong Kim Ark decision.

That case involved the U.S.-born child of immigrants who were legally and permanently domiciled in the country, Roy said.

Rosemary Jenks, co-founder and policy director of the Immigration Accountability Project, told the panel that the court’s ruling did not prevent lawmakers from taking action.

“The Supreme Court’s decision in Barbara overturned an executive order. It did not strip Congress of its constitutional plenary power over immigration and naturalisation,” Jenks said.

She urged Congress to amend the Immigration and Nationality Act to create exceptions for children born to undocumented immigrants and temporary residents.

Jenks also proposed rules affecting nonimmigrant visa holders seeking welfare benefits on behalf of their U.S.-born children. She said those parents should be required to designate a U.S. citizen or lawful permanent resident to receive the benefits for the child.

“American citizenship is a precious commodity,” Jenks said. “Our government must zealously protect US citizenship and ensure it is only granted to aliens we have legally invited to permanently join our American community.”

Kansas Attorney General Kris Kobach also argued that Congress retained the authority to act. He said the Supreme Court had ruled against a broad executive order but had not declared every possible statute addressing the issue unconstitutional.

Kobach said a narrower law dealing specifically with birth tourism could produce a different outcome before the court.

Democrats strongly rejected those arguments.

Representative Mary Gay Scanlon, the subcommittee’s ranking Democrat, said children born in the United States to undocumented immigrants and visa holders are protected by the 14th Amendment.

“The American children of undocumented immigrants and the American children of visa holders are persons born here in America,” Scanlon said.

She said they are subject to U.S. law from birth and have “an undeniable constitutional claim to the rights, duties and protections of that reciprocal relationship.” (Source: IANS)