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The US birthright citizenship dilemma—What makes a citizen?

Political sentiment is clearly moving against easier immigration, let alone granting of citizenship to “people not like us”.

The US Supreme Court (SCOTUS) is hearing a case involving denial of citizenship by birth to some categories of persons living in the country. Through an executive order issued on Day 1 of his second term in office, Donald Trump signed a decree intended to protect the “meaning and value of American citizenship”. Through this decree he ended birthright citizenship for kids of illegal immigrants (aka undocumented immigrants), or even children of legal immigrants who may become permanent residents in future (like H1B workers or those on student visas).

Under the US 14th amendment, anyone born in the US can automatically become a citizen. The amendment says, inter alia, that “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

The importance of this restriction of birthright citizenship to Trump’s MAGA base, which includes everyone from white supremacists to people who feel threatened by the influx of people from multiple races on local jobs and culture, cannot be overstated. Trump himself was present for the hearing in the Supreme Court.

Though informed commentators believe that the Supreme Court will probably uphold birthright citizenship, there is a strong case for preserving sovereign power to determine who can or cannot become the citizen of a country. If countries are not at liberty to decide who their citizens should be, and that is to be decided by old norms of citizenship by birth or even naturalisation, then they can never control their borders.

For dyed-in-the-wool “liberals”, easy citizenship rules are part of ideology. They are in favour of easy migration and citizenship rules because they believe that people should have a right to move to any place for work and livelihoods.

However,........

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