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Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.
Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.
The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with little hope. Gaining privileges by such arbitrary criteria as one’s birthplace is discredited in virtually all fields of public life, yet birthright entitlements still dominate our laws when it comes to allotting membership in a state. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs. She deploys this fresh perspective to establish that nations need to expand their membership boundaries beyond outdated notions of blood-and-soil in sculpting the body politic. Located at the intersection of law, economics, and political philosophy, The Birthright Lottery further advocates redistributional obligations on those benefiting from the inheritance of membership, with the aim of ameliorating its most glaring opportunity inequalities.
News media and pundits too frequently perpetuate the notion that Latinos, particularly Mexicans, are an invading force bent on reconquering land once their own and destroying the American way of life. In this book, Leo R. Chavez contests this assumption's basic tenets, offering facts to counter the many fictions about the "Latino threat." With new discussion about anchor babies, the DREAM Act, and recent anti-immigrant legislation in Arizona and other states, this expanded second edition critically investigates the stories about recent immigrants to show how prejudices are used to malign an entire population—and to define what it means to be American.
The first clause of the Fourteenth Amendment to the U.S. Constitution, known as the Citizenship Clause, provides that [a]ll 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. This generally has been taken to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the persons parents, with limited exceptions such as children born to recognized foreign diplomats. The current rule is often called birthright citizenship. However, driven in part by concerns about unauthorized immigration, some have questioned this understanding of the Citizenship Clause, and in particular the meaning of subject to the jurisdiction [of the United States]. This book traces the history of birthright citizenship under U.S. law and discusses some of the legislation in recent Congresses intended to alter it.
American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who was born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required reentry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory. This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Court’s ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.
A New York Times Editors' Choice • Best Book of the Year: Time, NPR, Bookpage, L.A. Times What does it mean to be American? In this starkly illuminating and impassioned book, Pulitzer Prize­­–finalist Laila Lalami recounts her unlikely journey from Moroccan immigrant to U.S. citizen, using it as a starting point for her exploration of American rights, liberties, and protections. "Sharp, bracingly clear essays."—Entertainment Weekly Tapping into history, politics, and literature, she elucidates how accidents of birth—such as national origin, race, and gender—that once determined the boundaries of Americanness still cast their shadows today. Lalami poignantly illustrates how white supremacy survives through adaptation and legislation, with the result that a caste system is maintained that keeps the modern equivalent of white male landowners at the top of the social hierarchy. Conditional citizens, she argues, are all the people with whom America embraces with one arm and pushes away with the other. Brilliantly argued and deeply personal, Conditional Citizens weaves together Lalami’s own experiences with explorations of the place of nonwhites in the broader American culture.
The United States in Crisis: Citizenship, Immigration, and the Nation State argues that to preserve our freedom Americans must mount a defense of the nation state against the progressive forces who advocate for global government. The Founders of America were convinced that freedom would flourish only in a nation state. A nation state is a collection of citizens who share a commitment to the same principles. Today, the nation state is under attack by the progressive Left, who allege that it is the source of almost every evil in the world.
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.