So now we have a second Republican Senator calling for the “revoking” of birthright citizenship in the U.S.– in other words another GOP luminary who wants to copy progressive places such as Saudi Arabia and Kuwait, countries that deny citizenship — and even birth certificates — to tens of thousands of children born to foreign workers, rendering them stateless and vulnerable and at risk of a life of official non-existence.
That was the policy Germany followed until 1999, when German law was modified finally to recognize the principle of jus soli (“the right of soil”), replacing the blood connection principle that German citizenship required previously.
Before the modification, children of foreign-born workers in Germany also were rendered stateless – the law hit particularly hard the children born to hundreds of thousands of immigrant Turkish workers and did nothing to assist in integration or the calming of roiled race relations in post-War Germany. Of course, the German neo-Nazi and Aryan fantasists opposed vociferously the change in the law.
Is this German experience what Senators Jon Kyl and Lindsey Graham want to repeat in the U.S.? And are they really content to follow the examples of the Kuwaitis and the Saudis?
I doubt the GOP lawmakers who are pushing for the amending/changing of the 14th amendment – nor for that matter Fox talk-show host Glenn Beck and conservative columnist George Will – are even aware of who they are aligning with overseas when it comes to citizenship rights. American Exceptionalism for them seems to be more of a matter of ignoring the rest of the World and not learning from the mistakes of others. Just bury your head in the sand and look like an oaf.
According to Will, a writer who normally thinks the Constitution should be untouchable, the 14th amendment would never have been passed “If those who wrote and ratified the 14th Amendment had imagined laws restricting immigration — and had anticipated huge waves of illegal immigration.” He added in a column published last March: “Is it reasonable to presume they would have wanted to provide the reward of citizenship to the children of the violators of those laws? Surely not.”
It is odd for Will to apply “common sense” when it comes to the interpretation of the Constitution – it isn’t something he cites when arguing about gun rights, for example. But his history is a tad off: there was mass immigration in the 1860s when the amendment was written and adopted and there was tremendous nativist opposition to the new wave of immigration. So it isn’t at all clear that Will’s presumption is, in fact, at all reasonable.
He rests much of his argument on the writings of Professor Lino Graglia of the University of Texas law school, who maintains that an 1884 Supreme Court decision about children born to Native American parents established that “no one can become a citizen of a nation without its consent.” Well, that is pretty obvious — and the 14th amendment grants birthright citizenship.
But in a law review article, Graglia argues:
“This would clearly settle the question of birthright citizenship for children of illegal aliens. There cannot be a more total or forceful denial of consent to a person’s citizenship than to make the source of that person’s presence in the nation illegal.”