A lot of Con Law and 14th amendment experts will be threading on birthright citizenship today. What follows are arguments showing why getting rid of birthright citizenship is not normatively justifiable.

Claim: These children do not deserve citizenship because their parents
are not citizens, and in some cases their parents broke rules in order for them be born in a place with jus soli.

Counterclaim: In fact, no child deserves or does not deserve citizenship. Citizenship is an institution states use to organize themselves. It would be impossible to
say that any newborn has or has not earned citizenship whether we use jus soli (citizenship to anyone born here) or jus sanguinis (citizenship to children of citizens).
Claim: Some people are “cheating” by coming to the US to have children, or deciding to have children once in the US. We should punish cheaters, not reward them.
Counterclaim: We cannot and should not punish babies for what their parents do. If we could, we would be deporting a lot of Americans and stripping them of their citizenship
Claim: Non-citizen parents w/out papers try to have children here so their children will sponsor their greencards washingtonpost.com/news/the-fix/w…
Counterclaim: Minors cannot sponsor anyone’s immigration & someone who is in the country without papers cannot simply convert their status
Claim: The US has not consented to the presence of these children or their parents.

Counterclaim: None of us consented to the birth of anyone else’s children, regardless of their citizenship status.
Claim: The US is a nation of a certain type of people (Americans, people here first, white people, Christian people, etc) & those people are entitled to decide who is or is a citizen.
Counterclaim: This is a dual-pronged argument made by scholars such as Samuel Huntington. In fact, having been somewhere first is not a principle we observe when it comes to citizenship. If it were, almost none of us would qualify for citizenship because the first residents of
the territory were indigenous & the first settlers were of English, Dutch, & French extraction, unlike most of us. Furthermore, the idea that we decided to become a nation of a specific people holds no water. There has never been nation-wide consensus on who is or isn't American.
There have been waves of nativism, nativist leaders, racist founders, and exclusionary laws. But it would be impossible to say that we were founded by people of like mind about the question of citizenship attribution.
In the absence of any kind of consensus or authoritative statement about who we are, we cannot conclude that there is an “us” being eroded by jus soli.
Stripping away these supposedly normative justifications for eliminating jus soli forms of birthright citizenship leaves only anti-immigrant justifications for getting rid of jus soli. This is pure nativism, nothing else.
For more 14A specific info, see the feeds of @marthasjones_ @kalhan @UnlawfulEntries among others.
In this piece, @car1ygoodman reveals that truth in a different way.
Speaking of citizenship, there was a spate of domestic terror attacks last week that Trump wants us to forget. But at least one of the terrorists was motivated by hatred of refugees and asylum seekers, another was motivated by hatred of non-white people.
Racism and nativism never stand up to scrutiny so we must stand up to racism and nativism.
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