Birthright Citizenship

Definition: Birthright citizenship is the policy under which individuals born on U.S. soil automatically acquire U.S. citizenship, regardless of their parents’ citizenship status. This concept is rooted in the 14th Amendment to the U.S. Constitution, ratified in 1868.

Historical Context

1. 1. Before the 14th Amendment:
      • In the early years of U.S. history, citizenship was primarily determined by state laws and was tied to race, gender, and property ownership.
      • The Dred Scott v. Sandford (1857) decision by the Supreme Court ruled that African Americans, whether free or enslaved, were not U.S. citizens, which underscored the need for constitutional clarification.

1. 14th Amendment:
   • Ratified after the Civil War, the 14th Amendment 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.”
   • Its primary purpose was to grant citizenship to formerly enslaved people and to override Dred Scott’s ruling.

Major Supreme Court Decisions

1. United States v. Wong Kim Ark (1898):
   • Wong Kim Ark was born in the U.S. to Chinese immigrant parents and was denied re-entry to the U.S. after traveling abroad.
   • The Supreme Court ruled that the 14th Amendment guarantees citizenship to virtually all individuals born on U.S. soil, regardless of the parent’s immigration status.
   • This case set the precedent for interpreting birthright citizenship.
2. Plyler v. Doe (1982):
   • While not directly about birthright citizenship, this case reinforced the principle that children of undocumented immigrants are entitled to public education, emphasizing equal treatment under the law for all individuals born in the U.S.

Potential Consequences if Birthright Citizenship is Rescinded

1. Legal and Constitutional Challenges:
   • Amending or overriding the 14th Amendment would require significant political will and a long legislative process. Such efforts would likely face fierce legal challenges.
   • The precedent set by Wong Kim Ark would have to be overturned, a monumental task.
2. Increase in Stateless Individuals:
   • Many children born in the U.S. would not automatically acquire citizenship, leading to a potential rise in stateless individuals who lack any recognized nationality.
   • Statelessness could restrict access to basic rights such as education, healthcare, and employment.
3. Administrative Burdens:
   • Determining the citizenship of every newborn would require massive bureaucratic systems to document and verify parents’ citizenship or immigration status.
   • Hospitals, local governments, and federal agencies would face significant costs and logistical hurdles.
4. Impact on Immigrant Communities:
   • Immigrant families might avoid hospitals or official institutions out of fear, leading to unregistered births and public health issues.
   • Fear of deportation or loss of rights could create an underclass of undocumented residents.
5. Social and Economic Effects:
   • Children born in the U.S. to undocumented or non-citizen parents would lack citizenship protections, potentially leading to larger disparities in income, education, and health outcomes.
   • The labor force could shrink as some immigrants might choose to leave the U.S. or avoid contributing to an economy that denies their children citizenship.
6. International Repercussions:
   • The U.S. has historically been seen as a global leader in upholding principles of equality and human rights. Rescinding birthright citizenship could tarnish this reputation and strain relations with other nations.

Broader Implications

1. Cultural and Political Divisions:
   • Rescinding birthright citizenship would likely deepen divisions in American society as the issue touches on immigration, race, and national identity.
   • Such a change could polarize political discourse further, complicating bipartisan cooperation.
2. Precedent for Other Rights:
   • Altering the 14th Amendment could open the door to reevaluating other constitutional rights rooted in this amendment, such as due process and equal protection under the law.

Birthright citizenship is a cornerstone of the American identity, ensuring equality and fairness by granting citizenship to anyone born on U.S. soil.

While some argue that the policy incentivizes illegal immigration, its repeal would create a cascade of legal, social, and economic challenges that could undermine the nation’s stability and values.

Summary of the Wong Kim Ark Case (United States v. Wong Kim Ark, 1898)

The United States v. Wong Kim Ark case was a landmark Supreme Court decision that affirmed the principle of birthright citizenship under the 14th Amendment to the U.S. Constitution.

Background: Wong Kim Ark was born in 1873 in San Francisco, California, to Chinese immigrant parents who were permanent residents but not U.S. citizens.

In the 1880s, amidst widespread anti-Chinese sentiment and restrictive laws like the Chinese Exclusion Act of 1882, Wong Kim Ark left the United States for a temporary trip to China.

When he attempted to return, U.S. immigration officials denied him reentry, arguing that, as the child of Chinese nationals, he was not a U.S. citizen despite his birth on American soil.

Legal Issue: The case centered on whether Wong Kim Ark, born in the U.S. to non-citizen parents, was a U.S. citizen under the 14th Amendment, which states:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

The government argued that his parents’ status as Chinese nationals placed Wong Kim Ark outside the “jurisdiction” of the United States.

Supreme Court Decision: The Court ruled in Wong Kim Ark’s favor in a 6–2 decision. Justice Horace Gray, writing for the majority, held that:

1. The 14th Amendment’s citizenship clause grants citizenship to anyone born in the U.S., regardless of the parents’ nationality, so long as they are not foreign diplomats or enemy combatants.
2. English common law, which heavily influenced the drafting of the 14th Amendment, historically granted birthright citizenship to individuals born on a nation’s soil.

The decision confirmed that Wong Kim Ark was a U.S. citizen and entitled to reenter the country.

Significance: The case established a binding interpretation of the 14th Amendment, affirming that birthright citizenship applies broadly to all individuals born in the United States, except for limited exceptions like children of diplomats.

This precedent solidified the legal foundation for modern interpretations of citizenship and remains a cornerstone of U.S. constitutional law.

The Supreme Court’s interpretations of the 14th Amendment, mainly Wong Kim Ark, solidify birthright citizenship as a deeply entrenched principle of U.S. constitutional law.

The Problems in Japan Caused by the Lack of Birthright Citizenship

Unlike the United States, Japan does not recognize birthright citizenship.

Japanese nationality is determined by jus sanguinis (right of blood), meaning citizenship is inherited through Japanese parentage rather than being granted based on birthplace.

This policy has contributed to significant social, economic, and political challenges for ethnic Koreans and other non-Japanese communities in Japan.

Zainichi Koreans (在日韓国・朝鮮人) are ethnic Koreans who reside in Japan but do not have Japanese citizenship.

The term “Zainichi” (在日) means “staying in Japan”. It is typically used to refer to Koreans who are permanent residents, often descendants of those who came to Japan during the colonial period (1910–1945) when Korea was under Japanese rule.

Many Zainichi Koreans were brought to Japan as forced laborers or migrated voluntarily for economic opportunities during that time.

After World War II, Korea regained independence, and the legal status of Koreans in Japan became complex.

Zainichi Koreans were initially classified as Japanese subjects but lost their Japanese citizenship in 1952 after the Treaty of San Francisco.

Many remained in Japan as stateless individuals or as foreign nationals, often with South Korean or North Korean affiliations.

Today, Zainichi Koreans are a distinct community with their own cultural identity.

They often face challenges related to social integration, discrimination, and legal restrictions despite many living in Japan for generations.

Some choose to be naturalized as Japanese citizens, while others retain Korean nationality.

“Zainichi Koreans” typically refers to this specific historical and social group and not recent Korean immigrants to Japan.

Historical Context

During Japan’s colonial rule over Korea (1910–1945), many Koreans were brought to Japan as cheap labor, often forcibly.

The San Francisco Peace Treaty (1952), officially known as the Treaty of Peace with Japan, was signed on September 8, 1951, and enacted on April 28, 1952, to formally end World War II between Japan and the Allied Powers.

It aimed to restore Japan’s sovereignty, define its postwar territorial boundaries, and establish Japan’s position in the international community.

Key points include:

1. End of War: The treaty formally ended the state of war between Japan and the Allied nations.
2. Territorial Changes:
   • Japan renounced claims to Korea, Taiwan, the Kuril Islands, and other territories acquired before or during the war.
   • The treaty did not resolve disputes over certain territories, such as the Kuril Islands (Russia) and Takeshima/Dokdo (Korea), leading to ongoing conflicts.
3. Sovereignty: Japan’s sovereignty was restored, but with limitations imposed by the U.S.-Japan Security Treaty, which allowed U.S. military presence in Japan.
4. Reparations and Compensation: Japan agreed to provide reparations to nations affected by its wartime actions, particularly in Southeast Asia.
5. Legal Status of Individuals:
   • Non-Japanese residents, such as Zainichi Koreans, lost Japanese citizenship and became stateless or nationals of their countries of origin.
6. Exclusions: The treaty was not signed by certain nations, such as the Soviet Union and China (both the People’s Republic of China and the Republic of China), leading to unresolved postwar issues in East Asia.

Despite living in Japan for generations, specific individuals and their descendants — commonly referred to as Zainichi Koreans — have faced systemic discrimination and limited opportunities due to their legal status as foreign nationals.

Key Problems

1. Barriers to Employment and Social Mobility

• Limited Job Opportunities: Ethnic Koreans face discrimination in the job market, as many professions in Japan—such as positions in government, law enforcement, and teaching—are restricted to Japanese citizens. Even in private industries, Korean names, and residency statuses have been used to deny employment.
• Education Discrimination: Ethnic Korean schools in Japan are underfunded, excluded from many public subsidies, and not recognized as official educational institutions, limiting opportunities for higher education and advancement.

2. Statelessness and Citizenship Dilemma

• Zainichi Koreans are forced to choose between South Korean or North Korean nationality, as Japan does not allow dual citizenship. This forces them into a precarious political identity and limits their ability to integrate into Japanese society fully.
• Those who identify as “North Korean” (through organizations like Chongryon, which supports North Korea) face additional suspicion and isolation, even though many have no actual ties to North Korea.

3. Social Exclusion and Underclass Dynamics

• Zainichi Koreans have been treated as an underclass, subject to systemic racism and social marginalization. This has perpetuated poverty and created cycles of disenfranchisement.
• They are often scapegoated in political and media narratives, further isolating the community.

4. Political Conflicts and Polarization

• Ethnic Koreans in Japan are often divided politically, with some aligning with North Korea through Chongryon and others aligning with South Korea through organizations like Mindan. These divisions sometimes cause clashes within the community and contribute to mistrust in Japanese society.
• The tension between pro-North and pro-South groups creates political challenges, as Japan’s policies and public attitudes toward North and South Korea are shaped by broader geopolitical concerns.

5. Connection to Organized Crime (Yakuza)

• Historically excluded from legitimate avenues of economic advancement, some ethnic Koreans turned to organized crime as a means of survival. While not all Zainichi Koreans are involved in crime, they are disproportionately represented in the Yakuza, Japan’s criminal underworld.
• This association reinforces negative stereotypes and further marginalizes the community, creating a vicious cycle of exclusion and stigmatization.

Consequences of Lack of Birthright Citizenship

1. Deepening Social Inequality

• Without pathways to citizenship, ethnic Koreans are denied full participation in Japanese society. This perpetuates systemic inequality, leaving generations stuck in poverty and exclusion.

2. Loss of Talent and Potential

• The exclusion of ethnic Koreans from many professions and public life means Japan misses out on the contributions of a significant portion of its population, which could help address its challenges, such as a shrinking workforce.

3. Persistent Racial and Cultural Tensions

• The legal and cultural marginalization of ethnic Koreans has fueled racism and xenophobia, hindering Japan’s efforts to become a more inclusive and diverse society.
• Public narratives that frame Zainichi Koreans as outsiders or threats exacerbate social divisions.

4. Rise in Anti-Korean Sentiment

• Nationalist and far-right groups in Japan have capitalized on the lack of integration of Zainichi Koreans to stir anti-Korean sentiment, which occasionally manifests in hate speech, protests, and violence.

Lessons for Countries Considering Rescinding Birthright Citizenship

The situation in Japan highlights the potential consequences of denying birthright citizenship:

1. Creation of a Perpetual Underclass: Without legal recognition, marginalized groups may become trapped in cycles of poverty and discrimination.
2. Social Unrest and Crime: Economic and social exclusion can push some individuals into illegal activities to survive.
3. National Divisions: Citizenship policies that fail to integrate long-standing communities can deepen divisions and undermine national unity.
4. Economic and Demographic Consequences: Excluding large segments of the population from full participation in society weakens the economy and aggravates demographic challenges like aging populations.

Conclusion

I’m not certain if this proposal to end birthright citizenship by the new Trump administration is a serious proposal or a red herring to rile up the Left.

 

The lack of birthright citizenship in Japan has resulted in the persistent marginalization of Zainichi Koreans, who face barriers to employment, social mobility, and political inclusion.

Their exclusion has also contributed to social tensions, political divisions, and crime.

This case study serves as a cautionary tale for countries considering restrictive citizenship policies, as the long-term consequences can harm the affected groups and society as a whole.