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At first glance, birthright citizenship and slavery may appear to be separate issues, but their histories are deeply intertwined, grounded in the same constitutional principles, and shaped by the same racial and economic forces that eventually allowed African Americans and many other people of color to gain U.S. citizenship. With President Trump threatening to undo this legal right through his latest executive order, the history of birthright citizenship could be dramatically altered, changing it as we know it today.
On Jan. 20, his first day in office, Trump signed an executive order seeking to alter the constitutional principle that grants automatic citizenship to anyone “born or naturalized in the United States.” Through this order, Trump argues that not everyone born in the U.S. should automatically receive citizenship.
Specifically, it denies U.S. citizenship to individuals if a person’s mother was in the U.S. illegally when the child was born, and the father was neither a U.S. citizen nor a legal permanent resident. Citizenship would also be denied if the mother was in the U.S. legally, but only temporarily (like on a tourist, student, or work visa), and the father was not a U.S. citizen or legal permanent resident at the time of the birth. In both scenarios, the child would not automatically be granted U.S. citizenship, even though they were born in the country.
In response to the executive order, a group of Democratic-led states have filed a federal lawsuit against President Trump’s action. Opponents believe that the order violates the 14th Amendment, which has historically guaranteed citizenship to anyone born in the U.S., a legislation that has long ties with slavery.
The history of the 14th Amendment and birthright citizenship.
The connection between birthright citizenship and slavery becomes most apparent through the 14th Amendment to the U.S. Constitution, ratified in 1868. This amendment was a direct response to the Civil War and the abolition of slavery, encapsulating the promise of equality and citizenship for all people born on U.S. soil. The 14th Amendment’s 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.”
Before this amendment, the legal status of people born in the United States was often a source of contention. Prior to the Civil War, enslaved people, even those born in America, were considered property, not citizens. The Dred Scott v. Sandford decision in 1857 denied citizenship to Black Americans, ruling that they could not claim rights under the Constitution, Archive notes. This was a blatant reminder of how slavery and the denial of citizenship were intertwined.
The 14th Amendment sought to correct this injustice by guaranteeing citizenship to anyone born on American soil, regardless of race or former status as an enslaved individual. The amendment also extended the protections of the Bill of Rights to the states and gave the federal government the power to penalize states that denied citizens the right to vote by reducing their representation in Congress proportionally. The landmark change was part of the broader Reconstruction efforts to rebuild the nation after the Civil War and integrate formerly enslaved people into the fabric of American society as full citizens.
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, but it didn’t 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 swiftly passed Jim Crow laws that aimed to strip Black Americans of their rights, even those born in the U.S., according to the National Museum of African American History. Despite these setbacks, the 14th Amendment played a vital role in advancing their rights, providing legal protection, and reinforcing the promise of equality under the law.
A future of uncertainty lies ahead.
Birthright citizenship is a highly sensitive topic today, especially for immigrants who are working hard to become U.S. citizens or fleeing their home countries in search of a better life here. It’s unclear whether the executive order will hold up, but the thought of it passing is unsettling. Many families fear the possibility of being separated or forced to live in uncertainty if the measure succeeds, essentially undoing the historical precedent that made citizenship a constitutional right for all. We’re living in some unsettling times, where the future of many families and individuals is uncertain.
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How Birthright Citizenship And Slavery Are Connected
was originally published on
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