Debate around the nationality of Kamala Harris resurfaced this week as US President Donald Trump sought to end birthright citizenship. The executive order signed by Trump on Monday seeks to revoke birthright citizenship for children born to foreign passport holders in the United States. Such a rule (had it existed at the time of Harris' birth) would have made her and millions ineligible to run for the US Presidential election.
“SHOCKING but not shocking. As I predicted, Trump's birthright citizenship EO includes a Kamala Harris clause, specifically designed to deny the legitimacy of her US citizenship as the child of someone with a temporary status. This order jeopardizes the citizenship of millions,” warned American researcher David Bier in a lengthy social media thread.
What does the law say?
Current laws allow nearly everyone born on US soil to become a natural American citizen — a necessity while contesting Presidential elections. Legal scholars have repeatedly noted that Harris was born in America which automatically makes her a citizen of the country as per the Constitution. In such a case it does not matter whether her parents were “foreign nationals” at the time of her birth.
The conditions outlined by the Trump administration however make it necessary for at least one parent to be a a citizen or lawful permanent resident of the country at the time of birth. While it will not be applied retroactively, many fear that it could herald major changes to the 14th amendment.
“It purports to limit the damage by applying it only to future children but if they can get away with this blatantly unconstitutional action, they can strip anyone of their citizenship,” Bier contended.
The immigration expert also dubbed the law as the precursor to a “population purge” that was likely to affect all Americans. He also claimed that the order was “obviously impeachable, if implemented”.
(With inputs from agencies)
