Podcast
Questions and Answers
What principle is birthright citizenship based on, and what is its Latin name?
What principle is birthright citizenship based on, and what is its Latin name?
Birthright citizenship is based on the principle of jus soli, which translates to 'right of the soil'.
Which amendment to the U.S. Constitution is central to the debate about birthright citizenship?
Which amendment to the U.S. Constitution is central to the debate about birthright citizenship?
The 14th Amendment.
According to Trump's executive order, what requirement would a child need to meet to be recognized as a U.S. citizen at birth?
According to Trump's executive order, what requirement would a child need to meet to be recognized as a U.S. citizen at birth?
The child must have at least one parent who is a U.S. citizen.
In what year was the 14th Amendment ratified, and in what context was it ratified?
In what year was the 14th Amendment ratified, and in what context was it ratified?
Who was Wong Kim Ark, and why was his case significant to the discussion of birthright citizenship?
Who was Wong Kim Ark, and why was his case significant to the discussion of birthright citizenship?
Which states brought the case against President Trump's executive order mentioned in the article?
Which states brought the case against President Trump's executive order mentioned in the article?
What was the main argument of the states challenging Trump's executive order on birthright citizenship?
What was the main argument of the states challenging Trump's executive order on birthright citizenship?
Approximately how many countries apply birthright citizenship, according to the article?
Approximately how many countries apply birthright citizenship, according to the article?
What principle, meaning 'right of the soil,' is the basis for birthright citizenship in the U.S.?
What principle, meaning 'right of the soil,' is the basis for birthright citizenship in the U.S.?
Which amendment to the U.S. Constitution is cited as the primary legal basis for birthright citizenship?
Which amendment to the U.S. Constitution is cited as the primary legal basis for birthright citizenship?
In what year was the 14th Amendment ratified?
In what year was the 14th Amendment ratified?
What was the main argument against Wong Kim Ark's citizenship claim that the U.S. Supreme Court rejected?
What was the main argument against Wong Kim Ark's citizenship claim that the U.S. Supreme Court rejected?
What was the central argument made by those in favor of immigration restrictions regarding birthright citizenship?
What was the central argument made by those in favor of immigration restrictions regarding birthright citizenship?
What was the main point of President Trump's executive order concerning birthright citizenship?
What was the main point of President Trump's executive order concerning birthright citizenship?
Name one of the states that brought a lawsuit against President Trump's executive order.
Name one of the states that brought a lawsuit against President Trump's executive order.
What is the name of the Connecticut Attorney General who spoke out against Trump's executive order, citing it as a personal issue?
What is the name of the Connecticut Attorney General who spoke out against Trump's executive order, citing it as a personal issue?
Roughly how many countries besides the U.S. have birthright citizenship laws?
Roughly how many countries besides the U.S. have birthright citizenship laws?
Approximately how many births were recorded in 2022 to mothers living in the U.S. illegally?
Approximately how many births were recorded in 2022 to mothers living in the U.S. illegally?
Flashcards
Birthright Citizenship
Birthright Citizenship
The legal principle that anyone born in a country is automatically a citizen of that country, regardless of their parents' citizenship.
Birthright Citizenship Lawsuit
Birthright Citizenship Lawsuit
A legal challenge by several states against the Trump administration's attempt to end birthright citizenship.
14th Amendment
14th Amendment
The 14th Amendment, passed after the Civil War, guarantees citizenship to anyone born or naturalized in the US.
Wong Kim Ark Case (1898)
Wong Kim Ark Case (1898)
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Jus soli (right of soil)
Jus soli (right of soil)
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Birthright Citizenship Restrictions
Birthright Citizenship Restrictions
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Trump's Executive Order on Birthright Citizenship
Trump's Executive Order on Birthright Citizenship
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Birthright Citizenship Legal Arguments
Birthright Citizenship Legal Arguments
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Jus Soli
Jus Soli
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14th Amendment and Birthright Citizenship
14th Amendment and Birthright Citizenship
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Wong Kim Ark Case
Wong Kim Ark Case
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Legal Challenges to Trump's Executive Order
Legal Challenges to Trump's Executive Order
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Temporary Injunction on Trump's Order
Temporary Injunction on Trump's Order
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Birthright Citizenship Debate
Birthright Citizenship Debate
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Birthright Citizenship Worldwide
Birthright Citizenship Worldwide
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Arguments Against Birthright Citizenship
Arguments Against Birthright Citizenship
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Personal Experiences with Birthright Citizenship
Personal Experiences with Birthright Citizenship
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Study Notes
Executive Order Blocking Birthright Citizenship
- A federal judge temporarily blocked President Trump's executive order ending birthright citizenship.
- The order was challenged by Washington, Arizona, Illinois, and Oregon, citing the 14th Amendment and Supreme Court precedent.
- This is one of five lawsuits filed by 22 states and immigrant rights groups.
- The lawsuits include personal testimonies by attorneys general (e.g., William Tong) who are U.S. citizens by birthright, and pregnant women concerned about citizenship for their children.
- The order, slated to take effect on February 19th, could impact hundreds of thousands of people born in the U.S.
- In 2022, approximately 255,000 U.S. citizens were born to mothers living in the U.S. illegally, and about 153,000 to two such parents.
Legal Arguments
- The plaintiffs claim the 14th Amendment guarantees birthright citizenship for those born in the U.S.
- The amendment explicitly states that "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
- Trump's order argues children of non-U.S. citizens are not subject to U.S. jurisdiction, therefore are not guaranteed citizenship.
- The Supreme Court's 1898 decision on Wong Kim Ark established birthright citizenship for those born in the U.S. regardless of the parents' immigration status.
Key Case Details
- Wong Kim Ark (1898): The Supreme Court ruled that a person born in San Francisco to Chinese immigrants was a U.S. citizen, regardless of the Chinese Exclusion Act.
- Current Arguments: Some argue this precedent applies only to legal immigrants, while others contest that it covers all those born in the U.S., thus citing illegality is irrelevant.
- Specific Case: A pregnant immigrant, identified as "Carmen," is part of a lawsuit, highlighting the potential impact of the order on undocumented individuals' children.
International Context
- Birthright citizenship is applied in about 30 countries, primarily in the Americas (including Canada and Mexico).
- The principle is known as jus soli ("right of the soil").
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