At first glance, birthright citizenship and slavery may seem like separate issues, but their histories are deeply intertwined, rooted in the same constitutional principles and shaped by racial and economic forces. This connection is particularly relevant today as President Trump threatens to alter the legal framework surrounding birthright citizenship through an executive order, potentially changing its implications for many individuals born in the United States.
Trump’s executive order on birthright citizenship
On Jan. 20, President Trump signed an executive order aimed at modifying the constitutional principle that grants automatic citizenship to anyone born or naturalized in the United States. This order asserts that not everyone born in the U.S. should automatically receive citizenship, particularly targeting children born to parents who are in the country illegally or temporarily.
Specifically, the order denies U.S. citizenship to children if their mother was in the U.S. illegally at the time of birth, or if the mother was in the U.S. legally but only temporarily (such as on a tourist or student visa) and the father was neither a U.S. citizen nor a legal permanent resident. In both scenarios, these children would not automatically be granted citizenship despite being born on American soil.
In response, a coalition of Democratic-led states has filed a federal lawsuit against the Trump administration, arguing that this executive order violates the 14th Amendment, which has historically guaranteed citizenship to anyone born in the U.S. This legal challenge underscores the ongoing debate surrounding birthright citizenship and its implications for racial equity and justice.
The 14th Amendment: A historical perspective
The connection between birthright citizenship and slavery becomes most apparent through the 14th Amendment, ratified in 1868 as a direct response to the Civil War and the abolition of slavery. The amendment encapsulates the promise of equality and citizenship for all individuals born on U.S. soil. Its Citizenship Clause 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.”
Prior to the 14th Amendment, the legal status of individuals born in the U.S. was often contentious. Enslaved individuals — even those born in America — were considered property rather than citizens. The infamous Dred Scott v. Sandford decision in 1857 denied citizenship to Black Americans, ruling that they could not claim rights under the Constitution. This historical context highlights the deep-rooted connection between slavery and the denial of citizenship.
The 14th Amendment sought to rectify this injustice by guaranteeing citizenship to anyone born on American soil, regardless of race or previous status as an enslaved person. It also extended the protections of the Bill of Rights to the states, empowering the federal government to penalize states that denied citizens the right to vote.
Slavery, race and the citizenship clause
The abolition of slavery, officially established by the 13th Amendment in 1865, marked a significant shift in U.S. law. However, it did not immediately ensure true freedom or equality for Black Americans. Although former slaves were legally free, they continued to face systemic racial discrimination, disenfranchisement and segregation. After the end of Reconstruction in 1877, Southern states enacted Jim Crow laws that aimed to strip Black Americans of their rights, even those born in the U.S.
Despite these challenges, the 14th Amendment played a crucial role in advancing the rights of Black Americans, providing legal protection and reinforcing the promise of equality under the law.
The future of birthright citizenship
Today, birthright citizenship remains a highly sensitive topic, especially for immigrants striving to become U.S. citizens or fleeing their home countries for a better life. The uncertainty surrounding Trump’s executive order raises concerns about the potential separation of families and the erosion of a constitutional right that has historically protected many individuals.
As we navigate these unsettling times, the future of birthright citizenship hangs in the balance, reminding us of the importance of understanding our history and advocating for the rights of all individuals, regardless of their background.
