WHEREAS, the 14th Amendment grants citizenship only to persons “born… and subject to the jurisdiction thereof,” a phrase understood by its authors to require complete political allegiance to the United States and to exclude those who owe allegiance to any foreign government; and
WHEREAS, Senator Jacob Howard, the author of the citizenship clause, declared on May 30, 1866, in the 39th Congress, First Session, on the Senate floor that birthright citizenship was intended only for those “completely subject to [U.S.] jurisdiction,” explicitly excluding “families of ambassadors or foreign ministers,” and by this very standard excluding individuals who retain allegiance to other nations, including dual citizens; and
WHEREAS, foreign nationals present on temporary visas, including H-1B, H-2A, H-2B, L-1, F-1, and B-1/B-2 visas, remain legally and politically under the jurisdiction of their home countries, retain full rights of return, and do not owe exclusive allegiance to the United States; and
WHEREAS, automatic birthright citizenship for children of foreign nationals has resulted in an industry of “birth tourism,” formally acknowledged by the U.S. Department of State, whereby foreign nationals exploit U.S. soil as the delivery room for a future second-passport holder; and
WHEREAS, automatic birthright citizenship has become a demographic loophole, enabling individuals with no long-term commitment to the United States to obtain citizenship by merely being present on U.S. soil at the time of birth; and
WHEREAS, the United Kingdom, France, Germany, Ireland, Australia, New Zealand, and others have ended automatic birthright citizenship for foreign nationals in order to preserve sovereignty and prevent exploitation of immigration systems; and
WHEREAS, citizenship is not a souvenir, not a legal loophole, and not a transactional benefit, but the inheritance of a sovereign people and a political covenant requiring allegiance to the United States; and
WHEREAS, a nation that does not control its citizenship does not control its destiny; and
WHEREAS, allowing foreign nationals to generate automatic U.S. citizenship from mere temporary presence is not immigration, it is demographic manipulation through legal fiction; and
WHEREAS, citizenship belongs to the heirs of America, not the clients of other governments.
THEREFORE, BE IT RESOLVED, that the Young Republicans of Texas call on Congress and the next Republican administration to end automatic birthright citizenship for children born to individuals present in the United States on temporary visas, student visas, tourist visas, or any other non-immigrant status; and
BE IT FURTHER RESOLVED, that U.S. citizenship shall be conferred only when at least one parent is (1) a U.S. citizen, (2) a lawful permanent resident, or (3) otherwise fully and exclusively subject to U.S. political jurisdiction and allegiance at the time of birth; and
BE IT FINALLY RESOLVED, that the Young Republicans of Texas affirm: Citizenship is not accidental. Citizenship is not transactional. Citizenship is a bond of allegiance between the citizen and the United States of America.
Bibliography
- U.S. Constitution, Amendment XIV, §1. (1868). https://constitution.congress.gov/constitution/amendment-14/
- Congressional Globe. 39th Congress, 1st Session, p. 2890 (May 30, 1866). (Sen. Jacob Howard explaining “subject to the jurisdiction” excludes those not owing full allegiance.) https://memory.loc.gov/ammem/amlaw/lwcg.html
- Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). (Clarifies limited meaning of federal citizenship under the 14th Amendment.) https://supreme.justia.com/cases/federal/us/83/36/
- Elk v. Wilkins, 112 U.S. 94 (1884). (Citizenship requires “complete jurisdiction,” meaning exclusive allegiance.) https://supreme.justia.com/cases/federal/us/112/94/
- U.S. Department of State Birth Tourism Rule, Federal Register 85 FR 4219 (Jan. 24, 2020). https://www.federalregister.gov/documents/2020/01/24/2020-00602
- U.S. Department of Homeland Security. Immigration Statistics Yearbook (2024). https://www.dhs.gov/immigration-statistics
- Eastman, John. Born in the USA? Rethinking Birthright Citizenship in the 14th Amendment. University of San Diego School of Law Constitutional Commentary (2010). https://digital.sandiego.edu/law_facpub/25/
- Erler, Edward. Birthright Citizenship, Dual Citizenship, and the Meaning of Sovereignty. Claremont Institute, Publius Symposium (2011). https://claremontreviewofbooks.com/digital/birthright-citizenship/
- Spiro, Peter. At Home in Two Countries: The Past and Future of Dual Citizenship. New York University Press (2016). (Shows how dual allegiance conflicts with sovereign citizenship.)
- Aleinikoff, Alexander. Semblances of Sovereignty: The Constitution, The State, and American Citizenship. Harvard University Press (2002). (Establishes citizenship as a political not accidental – bond.)
- Zilberg, Jonathan. Birthright Citizenship: A Global Comparison. Center for Immigration Studies, Revised 2023. https://cis.org/Report/Birthright-Citizenship-Global-Comparison
- Migration Policy Institute. Few Nations Grant Automatic Citizenship to Births to Foreign Nationals. (2022). https://migrationpolicy.org
- Australian Citizenship Amendment Act (No. 2) 1986. (Ended birthright citizenship for foreign nationals.)
- Ireland – 27th Constitutional Amendment Act (2004). (Ended birthright citizenship due to abuse via birth tourism.)
- USCIS Non-Immigrant Visa Classifications Overview (2024). (Defines foreign visa holders as subject to jurisdiction of their home countries.) https://www.uscis.gov/working-in-the-united-states/nonimmigrant-workers
- U.S. State Department – Foreign Affairs Manual: 7 FAM 1110 – Acquisition of US Citizenship. (Clarifies “jurisdiction” as political allegiance.) https://fam.state.gov
- GAO (Gov Accountability Office). Student and Work Visa Overstays Report (2023). (Shows scale of non-immigrant presence affecting jurisdiction.)
- Federation for American Immigration Reform (FAIR). Birthright Citizenship: A Fundamental Misinterpretation. (2024). https://fairus.org
- Center for Immigration Studies. Birth Tourism: Industry Analysis and National Security Implications. (2023). https://cis.org
- Heritage Foundation. Citizenship Should Require Allegiance. (2022). https://heritage.org
- Adams, John. The Works of John Adams, Vol. 9 (1850). “Liberty cannot be preserved without general knowledge and virtue.”
- Madison, James. Letters and Writings, Federalist Perspective on Allegiance. Library of Congress Manuscript Division.