Is Birthright Citizenship Fair?

Paper Summary:

The paper reveals that any person born on US soil or in US airspace is considered a United States citizen, and this has resulted in terrorists being considered US citizens based on birthright citizenship. The paper considers the various arguments for and against birthright citizenship and proposes consensual citizenship as a solution to the issue. The paper explains that through consensual citizenship, the children have the right to decide if they wish to become citizens of America or not and this also protects the children's rights without rewarding the parents, who may be in the country illegally.

From the Paper:

"Yaser Esam Hamdi was born in Louisiana in 1980. He and his family returned to Saudi Arabia for the next twenty years, where Yaser was raised. Yaser joined the Taliban and fought America in Afghanistan. Captured in a battle, Yaser was sent to prison in Cuba. Fortunately for Yaser, because he was born on American soil he was considered an American citizen. He transferred to a prison in the United States and was able to begin a legal case to try and gain his freedom. How fortunate it is for Yaser Hamdi, that America has birthright citizenship, so he could benefit from his rights while fighting his "countrymen" (Eastman 169). Should all persons born in the United States automatically be citizens? Or is there a better way of determining citizenship for immigrants?"

Sample of Sources Used:

• Dred Scott v. Sanford. No. 60 U.S. 393. Supreme Ct. of the US. December Term, 1856. 19 Mar. 2009. < http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol= 60& invol=393>.
• Eastman, John C. "Born in the U.S.A.? Rethinking Birthright Citizenship in the Wake of 9/11." Texas Review of Law & Politics 12.1 (Fall2007 2007): 167-179. Academic Search Complete. EBSCO. Perry Library, Norfolk, VA. 18 Mar. 2009 <http://search. ebscohost.com.proxylib.odu.edu/login.aspx?direct=true&db=a9h&AN=28778032 &site=ehost-live>.
• Gallegly, Elton, and Luis V. Gutierrez. "Should Children Born to Illegal Immigrants in the United States be Denied Birthrights to U.S. Citizenship?" CQ Researcher 7.3 (24 Jan. 1997): 65. Academic Search Complete. EBSCO. Perry Library, Norfolk, VA. 18 Mar. 2009 <http://search.ebscohost.com.proxy.lib.odu.edu/login.aspx?direct= true&db =a9h&AN=9702070074&site=ehost-live>.
• Howard, Marc Morje. "The Causes and Consequences of Germany's New Citizenship Law." German Politics 17.1 (Mar. 2008): 41-62. Academic Search Complete. EBSCO. Perry Library, Norfolk, VA. 21 Mar. 2009 <http://search.ebscohost.com.proxy.lib.odu.edu/ login.aspx?direct=true&db=a9h&AN=30049704&site=ehost-live>.
• Jacobson, Robin. "Characterizing Consent: Race, Citizenship, and the New Restrictionists." Political Research Quarterly 59.4 (Dec. 2006): 645-654. Academic Search Complete. EBSCO. Perry Library, Norfolk, VA. 18 Mar. 2009 <http://search.ebscohost.com.proxy. lib.odu.edu/login.aspx?direct=true&db=a9h&AN=23708665&site=ehost-live>.

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