In Defense of Birthright Citizenship

Abstract

Abstract Chapter 3 argues that political communities should not be free to decide whether to deny citizenship, and its substantial protections, to infants based on their parents’ immigration status, actions, or allegiances. Territorial birthright citizenship offers the promise of integration on equal terms with other citizens. In the United States, equal protection of the law for the children of irregular immigrants means a free public education, on the grounds that “legislation directing the onus of a parent’s misconduct against his children” that “does not comport with fundamental conceptions of justice” (Plyler v. Doe 1982, 220). Immigrants who entered a country without authorization as children should not be held culpable for their parents’ immigration violations. Children of irregular immigrants deserve separate consideration for immigration benefits and citizenship apart from citizens’ judgment of their parents’ conduct as irregular entrants or visa overstayers.