Should citizenship be a birthright?

the AZEL PERSPECTIVE Commentary on Cuba's Future, U.S. Foreign Policy & Individual Freedoms - Issue 202

Should citizenship be a birthright? Share Tweet Forward

In the Americas, we take birthright citizenship for granted. But in fact, the right to citizenship of anyone born in the territory of a state is rare. Currently, only some thirty countries in the world offer jus soli (right of the soil) citizenship. In the rest of the world, citizenship is passed by descent based on the principle of jus sanguinis (right of blood), which means having at least one parent who is a citizen of that country. In Europe, Asia, Africa, and Oceania, all nations grant citizenship on some form of jus sanguinis protocols. In patriarchal societies the child’s citizenship may be determined through the father; in matriarchal societies through the mother; and some countries may require both parents to be citizens. For most of the world, where you were born is not the deciding factor for citizenship. Not only is birthright citizenship rare, it is also in decline. In recent years some countries have been transitioning from jus soli to jus sanguinis citizenship. Malta, India, New Zealand, Australia, France, and Ireland have all transitioned to jus sanguinis citizenship. It is not clear why the only countries granting birthright citizenship are in the Americas. But in 2013, the Dominican Republic changed the country’s jus soli laws retroactively, stripping some 200,000 Dominicans of Haitian descent of their Dominican citizenship. Currently, the United States offers citizenship on both principles of jus soli and jus sanguinis, and also by naturalization. The Framers of the U.S. Constitution did not define national citizenship. Therefore, in the United States, birthright citizenship stems from the Citizenship Clause of the Fourteenth Amendment to the Constitution, which 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.” Historically, this wording was used to override the 1857 Court decision (Dred Scott v. Sanford) that “African Americans were not citizens of the United States…” And, although Supreme Court cases have essentially affirmed U.S. birthright citizenship, neither the Supreme Court nor Congress has clarified whether the Fourteenth Amendment language applies to the U.S.- born children of parents illegally in the country.  The often cited 1898 Court decision in United States v. Wong Kim Ark, stands only for the narrow proposition that the U.S.-born children of lawful permanent resident aliens are U.S. ctizens. It does not address the issue of U.S.-born children of non-lawful residents. Thus, the issue remains an open question. The numbers are alarming. The Pew Research Center estimates that 7.5 percent of all births in the United States -about 300,000 births per year- are to unauthorized immigrants. Pew also calculates that there are 4.5 million children who were born to unauthorized immigrants that received citizenship by virtue of having been born in the United States. Given the magnitude of the problem, and the fact that most countries in the world have rejected birthright citizenship, it may be a policy worth revisiting. A main argument against automatic birthright citizenship is that, the granting country gives up its sovereign right to decide who can become citizen. Birthright citizenship disempowers the existing citizenship. A just government relies on a social contract freely entered into by free citizens. Thus, the scope and authority of that social contract extends only to those citizens that have agreed to be bound by the provisions of the contract. This is the essence of citizenship.  So, as the argument goes, a social contract where anyone can join in defiance of the community of existing members is no social contract at all. Birthright citizenship is inherently self-contradictory. Ultimately, states will develop practical citizenship policies to accommodate their changing economic and security needs. Consider Vatican City, where neither jus soli or jus sanguinis applies. The only way to obtain Vatican City citizenship is to work for the Holy See, or by special Papal dispensation. The Vatican argues vehemently for the rights of immigrants, but ironically, it is the only place in the world where one can become a citizen only at the pleasure of its Head of State. Please let us know if you  this article. We welcome your feedback. Abrazos,  Lily & José  (click on the name to email Lily or Jose) José Azel, Ph.D. José Azel left Cuba in 1961 as a 13 year-old political exile in what has been dubbed Operation Pedro Pan - the largest unaccompanied child refugee movement in the history of the Western Hemisphere. He is currently dedicated to the in-depth analyses of Cuba's economic, social and political state, with a keen interest in post-Castro-Cuba strategies. Formerly, a Senior Scholar at the Institute for Cuban and Cuban-American Studies (ICCAS) at the University of Miami, Jose Azel has published extensively on Cuba related topics. In 2012 and 2015, Dr. Azel testified in the U.S. Congress on U.S.-Cuba Policy, and U.S. National Security.  He is a frequent speaker and commentator on these and related topics on local, national and international media.  He holds undergraduate and masters degrees in business administration and a Ph.D. in International Affairs from the University of Miami. José along with his wife Lily are avid skiers and adventure travelers.  In recent years they have climbed Grand Teton in Wyoming, trekked Mt. Kilimanjaro in Tanzania and Machu Pichu in Peru.  They have also hiked in Tibet and in the Himalayas to Mt. Everest Base Camp. They cycled St. James Way (El Camino de Santiago de Compostela) and cycled alongside the Danube from Germany to Hungary. They have scuba dived in the Bay Islands off the Honduran coast and in the Galapagos Islands. Their adventurers are normally dedicated to raise funds for causes that are dear to them.  Watch Joe & Lily summit Kilimanjaro. Books by Dr. José Azel "Liberty for beginners is much more than what the title promises. It is eighty themes touched with the wisdom of a master, and the charm of an excellent communicator. Anyone that wishes to understand why countries do, or do not progress, will find in this book the best explanations. If it was in my power, this work would be required reading for all college and university students, and I would recommend its reading to politicians, journalists, and policymakers. With this book Azel accomplishes what was achieved in France by Frédéric Bastiat, and in the United States by Henry Hazlitt: brings together common sense with intelligent observation, and academic substance. Stupendous" Carlos Alberto Montaner Buy Now "Libertad para novatos es mucho más de lo que promete el título. Son ochenta temas tocados con la sabiduría de un maestro y la amenidad de un excelente comunicador. Cualquier adulto que desee saber por qué progresan o se estancan los pueblos aquí encontrará las mejores explicaciones. Si estuviera en mis manos, esta obra sería lectura obligatoria de todos los estudiantes, tanto de bachillerato como universitarios, pero, además, se la recomendaría a todos los políticos y periodistas, a todos los policy makers. Azel logra con este libro lo que Frédéric Bastiat consiguiera en Francia y Henry Hazlitt en Estados Unidos: aunar el sentido común, la observación inteligente y la enjundia académica. Estupendo." Carlos Alberto Montaner Compre Aqui In Reflections on Freedom, José Azel brings together a collection of his columns published in prestigious newspapers.  Each article reveals his heartfelt and personal awareness of the importance of freedom in our lives.  They are his reflections after nearly sixty years of living and learning as a Cuban outside Cuba. In what has become his stylistic trademark, Professor Azel brilliantly introduces complex topics in brief journalistic articles. Buy Now En Reflexiones sobre la libertad José Azel reúne una colección de sus columnas publicadas en prestigiosos periódicos. Cada artículo revela su percepción sincera y personal de la importancia de la libertad en nuestras vidas. Son sus reflexiones después de casi sesenta años viviendo y aprendiendo como cubano fuera de Cuba.  En lo que ha resultado ser característica distintiva de sus artículos, el Profesor Azel introduce con brillantez complejos temas en  breves artículos de carácter periodístico. Compre Aqui Mañana in Cuba is a comprehensive analysis of contemporary Cuba with an incisive perspective of the Cuban frame of mind and its relevancy for Cuba's future. Buy now Pedazos y Vacíos is a collection of poems written in by Dr. Azel in his youth. Poems are in Spanish. Buy now

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