“A Lack Of Confidence In The American Project”: Sorry, Donald Trump; America Needs Birthright Citizenship
Conservatives usually believe in American exceptionalism, and in upholding the Constitution. Which is why it’s strange to see so much conservative ebullience over Donald Trump’s proposal to end birthright citizenship.
It’s not news that there are a significant number of Americans who are anxious about immigration — illegal and otherwise — and that they exert considerable political clout (though ultimately less than is sometimes breathlessly suggested). And many of those people fret about so-called “anchor babies.” The problem with “anchor babies” is that they’re a myth. (Trust me. As a Frenchman with a fertile wife who often wanted to emigrate to the U.S., I did the research.)
This fight therefore nicely serves to highlight the fact that most (though not all) fears related to immigration belong more to the realm of fantasy than reality.
But it also illustrates something else: how the restrictionist position is all too often born of a lack of confidence in the American project.
After all, the two are inseparable. Birthright citizenship says, quite explicitly, “The American project is so strong, our culture is so strong, our values are so strong, that any baby born on our soil, no matter where his parents come from, will ultimately grow up to be a well-adjusted American, so that we don’t need to wait for him to prove himself to extend citizenship.”
In contrast, the movement to end birthright citizenship says, essentially, “Nope, sorry, that’s not true. We can’t do it. We can’t do it anymore.”
Which, again, goes to highlight the tension between extreme restrictionism in immigration and conservative values. Conservatives typically display above average, not below average, confidence in the American project and in the capacity of judicious applications of American patriotism to solve problems.
There’s another funny intersection between birthright citizenship and the conservative worldview, and I have an unusual window into it. As I said, I’m a Frenchman. France and the United States are unusual in both being nations explicitly founded (or refounded) on Enlightenment values. And one trait they share is that they both instituted birthright citizenship.
One reason was the Enlightenment-driven belief, over and against the feudalism that prevailed in most places in Europe, that citizenship depended on a social contract, not a bloodline, and that your parentage should not therefore change your citizenship status.
But there was another reason (and here lies an entire critique of the Enlightenment, which is a whole ‘nother can of worms), a reason we’re not too comfortable with today: empire. The institution of birthright citizenship in France was enacted by France’s revolutionary government and ratified by Napoleon’s civil code, partly so citizens could be pressed into duty in the army. As France expanded, so did its citizenship rolls, as did its citizen army, as did its military might, all in a virtuous cycle (virtuous, at least, from Napoleon’s perspective).
The U.S. enacted birthright citizenship for different reasons, to ensure the citizenship of freed slaves after the Civil War. But the point is that birthright citizenship is historically associated with confidence in the national project, perhaps even supreme confidence.
Oh, and how did it do in France? Well, we got scared of immigrants, so we got rid of birthright citizenship piecemeal over the past few decades.
So here’s the other odd thing about the birthright citizenship debate: American conservatives saying they want to be more like France. Kudos!
By: Pascal-Emmanuel Gobry, The Week, August 24, 2015
“Some Americans Should Not Have Equal Rights?”: The Racist Roots Of The GOP’s Favorite New Immigration Plan
The year 1866 was an alarming one for xenophobes: Congress passed the Civil Rights Act, declaring “all persons born in the United States and not subject to any foreign power…to be citizens of the United States.” Though explicitly intended to grant citizenship to African-Americans, who’d been denied it by the Supreme Court’s ruling in the 1857 Dred Scott case, wouldn’t the law also “have the effect of naturalizing the children of Chinese and Gypsies born in this country?” wondered Pennsylvania Senator Edgar Cowan. “Undoubtedly,” responded Senator Lyman Trumbull of Illinois. When President Andrew Johnson vetoed the act, he too raised the specter of the Chinese and “the people called Gypsies.”
Congress overrode the veto, and went on to enshrine the principle of birthright citizenship in the Constitution’s 14th Amendment. Needless to say, fears about the children of the gypsies proved unfounded. Yet the idea that people with certain types of parents should be denied citizenship—and the associated rights—persisted. Late in the nineteenth century the government tried to withhold citizenship from the children of Chinese immigrants, but was rebuffed by the Supreme Court. Native Americans weren’t considered citizens until 1924. These days the target is Latino immigrants and their children. And thanks to Donald Trump, the nativist argument against birthright citizenship has moved from a sideline item to a centerpiece in the Republican primary.
In a set of immigration policies released Sunday, Trump called for an end to birthright citizenship, which he described as “the biggest magnet for illegal immigration.” Trump’s invocation of the fictitious “anchor baby” phenomenon isn’t particularly original. But what’s striking is that his implausible call for reinterpreting or rescinding the 14th Amendment has been taken up by so many of his competitors in the Republican field, including Scott Walker, Ted Cruz, Lindsey Graham, Bobby Jindal, Rick Santorum, Ben Carson, and Rand Paul. Chris Christie said recently that birthright citizenship should be “reexamined.” The much shorter list of those not in favor includes John Kasich (who previously advocated for revoking birthright citizenship), Jeb Bush, and Marco Rubio, who stated that he is “open to exploring ways of not allowing people who are coming here deliberately for that purpose to acquire citizenship.”
The issue of birthright citizenship resurfaces every so often in Congress, but it’s never gotten much traction. Most recently Louisiana Senator David Vitter warned of the “exploding phenomenon” of “birth tourism,” and in March proposed to limit citizenship to those who have at least one parent with a green card or who’ve served in the military. Though bids like Vitter’s are more demagogic than actionable, some US-born children with undocumented parents already face hurdles related to their citizenship rights. Texas, for instance, recently began refusing to issue birth certificates to parents who use a photo ID from the Mexican Consulate as their only form of identification.
Kelefa Sanneh points out that, bluster aside, Trump is actually forcing a substantive policy debate. The substance is extreme: Walker, for instance, once supported comprehensive reform legislation that including labor rights and a pathway to legal status; now he is “absolutely” in favor of ending birthright citizenship. (So are 63 percent of Republicans, according to a 2010 Fox News poll.) While the GOP was once wondering whether Romney’s promotion of “self deportation” went too far, now candidates are pandering to the base’s racial anxieties with talk of undoing what historian Eric Foner characterizes as one of the Republican Party’s own “historic achievements.”
The irony is that doing so would dramatically increase the number of undocumented people living in the United States. (As has the militarization of the border.) Denying birthright citizenship to children with undocumented parents would bring the population of unauthorized people to as many as 24 million by 2050, according to the Migration Policy Institute. The result, according to MPI, would be the creation of “an underclass of unauthorized immigrants who, through no fault of their own, would be forced to live in the margins of US society.” In other words, undermining the 14th Amendment won’t solve the (nonexistent) problem of “birth tourism.” It would, however, do what the denial of citizenship has done since the era of Dred Scott: strip civil rights from a racialized group, facilitating their exploitation.
By: Zoe Carpenter, The Nation, August 19, 2015
“An Anti-Immigrant Police-State”: The GOP’s Crazy Birthright Citizenship Debate Could Have Real Consequences
A droll Politico headline earlier this week nicely summed up the state of bemusement and incomprehension surrounding the Republican Party’s revived fixation with ending birthright citizenship.
“Trump to O’Reilly: 14th Amendment is unconstitutional.”
Fox News’ Bill O’Reilly grilled Trump on Tuesday, based on the widely shared premise that ending birthright citizenship would require changing the Constitution to excise or edit the first sentence of the Fourteenth Amendment. That sentence states, “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.”
Republicans are racing to catch up with Trump, creating a fresh consensus among the party’s presidential candidates that birthright citizenship is bad, and a presumption among most critics and reporters that these candidates believe the Constitution is flawed, and should perhaps be changed.
Neither of these presumptions necessarily describes anti-birthright candidates. Many Republican presidential hopefuls share the belief that giving the children of immigrants citizenship automatically is bad. In less abstract terms, they’re affirming an unfounded nativist anxiety that birthright citizenship creates an incentive for child-bearing immigrants to stream across the border and secure all the benefits of citizenship, including welfare, for their offspring—what conservatives derisively refer to as “anchor babies.” But they disagree among themselves over how to address the problem. And because the point of contention is so politically toxic—a dramatic shift to the right relative to the also-toxic Republican primary consensus in 2012—the candidates have little interest in explaining their personal theories of how the imaginary “anchor baby” crisis should be resolved.
All of the possibilities are equally crazy.
Under the status quo, the children of undocumented immigrants are conferred citizenship by the Fourteenth Amendment. If you believe this is bad, and that we should be willing to tolerate a permanent, minority underclass of stateless noncitizens, you can address it in three ways: by changing the Constitution, by stepping up enforcement so dramatically so that all unauthorized immigrants are expelled before they give birth, or by getting courts to reinterpret the Constitution as it is currently written.
In general, the Republicans who want to change the subject from birthright citizenship to literally anything else pay lip service to the issue. But they insist, for better or worse, that citizenship is a constitutional right of the children of immigrants, and that the Constitution is not going to change. Marco Rubio and Jeb Bush are in this category. Both intimate that they oppose automatic citizenship for the children of people without any documentation who are trying to game the Fourteenth Amendment, but argue that the right is enshrined, and it isn’t going away.
Perhaps intentionally, they are blinding themselves to the other strategies. In a statement to reporters earlier this week, Scott Walker’s spokeswoman explained how he would tackle the issue. “We have to enforce the laws, keep people from coming here illegally, enforce e-verify to stop the jobs magnet and by addressing the root problems we will end the birthright citizenship problem.” If there were no undocumented immigrants in the country, then birthright citizenship would become a mere abstraction. Without touching the Constitution, Walker suggests he would use a draconian enforcement regime to effectively moot the birthright clause of the Fourteenth Amendment. This is almost certainly not feasible, but it lays down a marker for immigration enforcement on the rightmost conceptual end of the policy debate—promising to deport immigrants at such an intense clip that vanishingly few will remain in the country long enough to give birth.
Trump’s goal is even more ambitious. He supports a Walker-like anti-immigrant police-state, too, but argues that the Fourteenth Amendment doesn’t say what it appears to say. A popular argument on the fringes of conservative legal thought holds that the original meaning of the Fourteenth Amendment—and of the term “jurisdiction” in particular—precludes the notion that it should create a right to citizenship for the children of non-citizen immigrants. Trump has bought into it. He’s not a fan of amending the Constitution, as he told O’Reilly, because “It’s a long process, and I think it would take too long. I’d much rather find out whether or not anchor babies are citizens because a lot of people don’t think they are.” This flies in the face of a century and a half of law. It was the source of O’Reilly’s confusion, and of the tongue-in-cheek Politico headline. To test the theory, a conservative state government could pass a law stripping citizenship benefits from children of immigrants, and defend it in court. This would be easy to laugh off in a different milieu, but in a world where scores of federal judges and three or four conservative Supreme Court justices are willing to vouchsafe plainly absurd and self-serving conservative legal arguments, it is alarming. Especially if you consider the possibility that a Republican candidate wins the presidency on an anti-birthright platform, and obtains the power to nominate nativists to the federal bench.
These views are so extreme that they’re often dismissed as harmless campaign trail pandering. Since the Constitution isn’t going to be amended anytime soon, at least not for this purpose, most reporters don’t take the anti-birthright frenzy as much more than a garden variety Republican primary spectacle. That’s a big error. GOP candidates are telling us how they would use levers at their disposal to antagonize immigrants, and we should be listening.
By: Brian Beutler, Senior Editor, The New Republic, August 21, 2015
“The Constitution The Republicans Can’t Stand”: They Use Their Pocket Constitutions For The Parts That Come In Handy
If you are running for office as a Republican today, you have to mention your reverence for the Constitution at least as much as you mention your love for Ronald Reagan.
The Second Amendment — every word should be taken literally because it was literally ordained by God! The First Amendment protects my right to discriminate against gay people! Neither the Constitution nor the Bible contains the word “Obamacare”!
But Republican politicians have a few glaring blind spots when it comes to the Constitution. One of those is the 14th Amendment, a pillar of our inclusive democracy, a key component of which Republican presidential candidates are now asking us to ignore or change.
In its infamous Dred Scott decision in 1857, the U.S. Supreme Court ruled that the descendants of enslaved people were disqualified from U.S. citizenship. After we fought a civil war, the U.S. ratified the 14th Amendment to the Constitution in 1868, which overturned Dred Scott in its opening lines, declaring, “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.”
During the congressional debate over the 14th Amendment, both its supporters and detractors recognized that this birthright citizenship clause would apply to everyone born on U.S. soil, not just the descendants of slaves. In 1898, the Supreme Court ruled that even after the passage of the discriminatory Chinese Exclusion Act, the U.S. could not deny citizenship to Wong Kim Ark, a California-born son of Chinese immigrants, because the 14th Amendment guaranteed him citizenship.
Yet, anti-immigrant activists and their allies in the GOP are now fighting against this most American of constitutional principles.
In an immigration plan released this week, GOP presidential front-runner Donald Trump called for ending birthright citizenship. No matter that he didn’t say how he would do that (while most people acknowledge that it would take a constitutional amendment to change the policy, some claim it was never included in the 14th Amendment in the first place). His Republican rivals started jumping to join him. Scott Walker told reporters that he “absolutely” wanted to change the Constitution’s definition of citizenship, adding, paradoxically, that “to me it’s about enforcing the laws in this country.” Ben Carson said it “doesn’t make any sense” to allow “anchor babies.” Bobby Jindal joined the fray. So did Lindsey Graham. Rand Paul and Rick Santorum had already expressed their support for undoing the citizenship provision, with Paul sponsoring a constitutional amendment to do so and Santorum saying the 14th Amendment doesn’t even say what it says.
Jeb Bush has been getting unearned credit for acknowledging that birthright citizenship is a “constitutional right” that we shouldn’t “take away” — just a few days after implying that if he had a “magic wand” to change the Constitution he would use it to do just that. Similarly, John Kasich has renounced his previous support for repealing birthright citizenship, but now says he doesn’t want to “dwell on it.” Carly Fiorina’s and Rick Perry’s passionate defense of the 14th Amendment is that it would take too much work to change it. This is what now passes for moderation. What ever happened to defending basic constitutional rights?
The Republican presidential contenders’ rush to badmouth a basic constitutional right — in an apparent attempt to appeal to their supposedly Constitution-loving far-right base — speaks volumes about what they really mean when they talk about constitutionalism. They use their pocket Constitutions for the parts that come in handy. The rest of it? Not so much.
By: Michael B. Keegan, President, People for The American Way; The Blog, The Huffington Post, August 20, 2015
“An Incredibly Clear Message To Hispanic Voters”: Did Republicans Just Give Away The 2016 Election By Raising Birthright Citizenship?
It may not seem like it, but this week has seen the most significant development yet in the immigration debate’s role in the 2016 election. I’d go even farther — it’s possible that the entire presidential election just got decided.
Is that an overstatement? Maybe. But hear me out.
For months, people like me have been pointing to the fundamental challenge Republican presidential candidates face on immigration: they need to talk tough to appeal to their base in the primaries, but doing so risks alienating the Hispanic voters they’ll need in the general election. This was always going to be a difficult line to walk, but a bunch of their candidates just leaped off to one side.
After Donald Trump released his immigration plan, which includes an end to birthright citizenship — stating that if you were born in the United States but your parents were undocumented, you don’t get to be a citizen — some of his competitors jumped up to say that they agreed. NBC News asked Scott Walker the question directly, and he seemed to reply that he does favor an end to birthright citizenship, though his campaign qualified the statement later. Bobby Jindal tweeted, “We need to end birthright citizenship for illegal immigrants.” Then reporters began looking over others’ past statements to see where they stood on this issue, and found that this isn’t an uncommon position among the GOP field. Remember all the agonizing Republicans did about how they had to reach out to Hispanic voters? They never figured out how to do it, and now they’re running in the opposite direction.
Here is the list of Republican candidates who have at least suggested openness to ending birthright citizenship, which would mean repealing the 14th Amendment to the Constitution: Donald Trump, Scott Walker, Bobby Jindal, John Kasich, Rand Paul, Chris Christie, Lindsey Graham, and Rick Santorum. That’s nearly half the GOP field, and more may be added to the list.
The 14th Amendment states in part: “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.” It was passed after the Civil War to ensure that former slaves had all the legal rights of other citizens. You can’t end birthright citizenship without repealing it. That means that no matter who gets elected in 2016, birthright citizenship is not going to be eliminated. The bar is so high for amending the Constitution that it’s impossible to imagine any amendment this controversial getting ratified, which is as it should be.
But the political impact is going to be very real, whether or not the idea goes anywhere in practical terms. The simple fact is that if Republicans don’t improve their performance among Hispanic voters, they cannot win the White House. Period.
This discussion about birthright citizenship sends an incredibly clear message to Hispanic voters, a message of naked hostility to them and people like them. It’s possible to argue that you’re “pro-immigrant” while simultaneously saying we should build more walls and double the size of the Border Patrol. Indeed, many Republicans do, and while their argument may not be particularly persuasive, it’s not completely crazy. But you can’t say you’re pro-immigrant and advocate ending birthright citizenship. You just can’t.
I promise you that next fall, there are going to be ads like this running all over the country, and especially on Spanish-language media:
“My name is Lisa Hernandez. I was born in California, grew up there. I was valedictorian of my high school class, graduated from Yale, and now I’m in medical school; I’m going to be a pediatrician. But now Scott Walker and the Republicans say that because my mom is undocumented, that I’m not a real American and I shouldn’t be a citizen. I’m living the American Dream, but they want to take it away from me and people like me. Well I’ve got a message for you, Governor Walker. I’m every bit as American as your children. This country isn’t about who your parents were, it’s about everybody having a chance to work hard, achieve, and contribute to our future. It seems like some people forgot that.”
When a hundred ads like that one are blanketing the airwaves, the Republicans can say, “Wait, I support legal immigration!” all they want, but it won’t matter. Hispanic voters will have heard once again — and louder than ever before — that the GOP doesn’t like them and doesn’t want them. Will it be different if they nominate one of the candidates who doesn’t want to repeal birthright citizenship, like Jeb Bush or Marco Rubio? Somewhat, but the damage among Hispanic voters could already be too great even for them to overcome.
Now let’s look at the magnitude of the challenge the Republicans face. A number of analysts have all come to the same conclusion: given that Hispanics are rapidly increasing their share of the population and whites’ share is declining, Republicans need to improve their performance among Hispanics to prevail.
And they may have to improve dramatically. For instance, in this analysis by Latino Decisions, under even the most absurdly optimistic scenario for Republicans — “that white voters consolidate behind the Republican Party at levels that were observed in 2014; that black participation and Democratic support returns to pre-Obama levels; and the expected growth in the Latino vote does not fully materialize” — the Republican candidate would need 42 percent of the Hispanic vote to win. As a point of comparison, according to exit polls Mitt Romney got 27 percent of Hispanic votes in 2012, while John McCain got 31 percent in 2008. Under a more likely scenario, with an electorate that votes something like in 2012 but with African-American turnout reduced, the Republican would need 47 percent of the Hispanic vote. In their worst-case scenario for Republicans — an electorate that votes identically to the way it did in 2012, but adjusted for changes in population — the Republican would need a stunning 52 percent of Hispanic votes.
So to sum up: even in the best possible situation when it comes to turnout and the vote choices of the rest of the electorate, the Republican presidential candidate in 2016 is going to have to pull off an absolutely heroic performance among Hispanic voters if he’s going to win.
That seemed awfully unlikely a week ago. How likely does it seem today?
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, August 18, 2015
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