Debunking Harmful and Misguided Birthright Citizenship Proposals

As the federal government struggles to find national solutions to reform the U.S. immigration system, a number of federal and state lawmakers have called for the repeal of the 14th Amendment to the Constitution, which grants U.S. citizenship to children born to undocumented parents in the United States. Lutheran Immigration and Refugee Service (LIRS), the national Lutheran organization serving refugees and migrants, believes that denying U.S. citizenship to children runs counter to our biblical mandate to care for sojourners in our midst, preserving their dignity and defending their justice. Further, it is an extremely misguided proposal that would undermine American values of equality, unnecessarily hurt children and families, and leave the immigration system broken.

Not Consistent with Biblical Mandates Taking away U.S. citizenship from children contradicts biblical
mandates to love and ensure justice for sojourners in our midst. When a stranger sojourns with you in your land, you shall not do him wrong. You shall treat the stranger who sojourns with you as the native among you, and you shall love him as yourself. (Leviticus 19:3334, ESV).

What Should Be Done

LIRS recommends the following policy solutions: Congress and the White House must work together to overhaul the U.S. immigration system to ensure uniform national policies and to reduce the pressure on states to create a patchwork of immigration laws. States and local communities should seek creative ways to help build welcome for newcomers and to fully take advantage of the economic and social contributions of migrants.

Undermining American Values

After the Civil War Congress passed the 14th Amendment, affirming that U.S. citizenship could not be denied to individuals based on race, nationality or family history. Repealing birthright citizenship would undermine fundamental American values of equality. The law serves as a simple and efficient way to ensure equal rights and protections to all children born in the United States.

Harmful to Migrant Children and Families

Undocumented pregnant women would be less likely to seek medical services during childbirth for fear that their immigration status and their childrens status would be scrutinized. Some newborn babies could obtain the nationality of their parents, yet for many others this may not be possible. As a result, many children would grow up in the United States without a nationality.

How You Can Help

Join LIRSs Stand for Welcome Campaign at www.lirs.org/sfw to learn more about advocacy with migrants and refugees. Stay informed, take action, and find resources for engaging your community.

Misguided Proposal That Would Not Fix the Broken Immigration System
Repealing birthright citizenship would result in a larger undocumented population and would force more children to grow up in the shadows with fewer protections and limited access to basic services. Approximately 340,000 children were born in the United States to undocumented immigrants in 2008, according to an August 2010 study by the Pew Hispanic Center.*
*

Passel, Jeffrey S. and Paul Taylor, Unauthorized Immigrants and Their U.S.-Born Children, (Washington, D.C.: Pew Hispanic Center, August 2010), http://pewhispanic.org/files/reports/125.pdf.