Photo credit: www.theguardian.com

Debate Over Birthright Citizenship Revives Historical Legacies

In response to an executive order issued last month by Donald Trump aimed at restricting birthright citizenship, Marilyn Hemingway, CEO and president of the Gullah Geechee Chamber of Commerce, felt compelled to take action. The Gullah Geechee Chamber, located in Georgetown, South Carolina, works to preserve the history and culture of the Gullah Geechee people—descendants of Africans enslaved on the Sea Islands along the Atlantic coast. Hemingway was immediately reminded of Joseph Hayne Rainey, a significant historical figure born in Georgetown who overcame the legacies of slavery.

Rainey made history as the first Black person elected to the United States Congress and was a vocal advocate for the 14th Amendment. Ratified in 1868, this amendment states: “All 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.” The amendment aimed to secure citizenship for approximately 4.5 million Black individuals in the aftermath of emancipation, especially necessary following the Dred Scott v Sandford Supreme Court ruling, which denied citizenship to all persons of African descent.

Rainey’s experiences during his enslavement shaped his legislative priorities while in Congress. He fought tirelessly to protect the rights of Black Americans and ensure the enforcement of the 14th and 15th Amendments—the latter of which guarantees that voting rights cannot be denied based on race, color, or prior conditions of servitude.

“The 14th Amendment was crucial after emancipation because it established that freed individuals could attain citizenship and thus standing in society,” Hemingway elaborated. “Rainey’s journey from slavery to citizenship is emblematic of the broader American narrative.”

In stark contrast to decades of legal precedent, Trump’s recent executive order seeks to reinterpret birthright citizenship, suggesting that the 14th Amendment does not automatically confer citizenship to all born on U.S. soil. The order argues that birthright citizenship has historically excluded certain individuals born in the United States, such as the children of non-resident immigrants.

The order quickly incited backlash, resulting in multiple lawsuits from civil rights groups and healthcare professionals, as well as a temporary restraining order from a federal judge. Subsequently, a federal appeals court denied the administration’s request to reinstate the order, though the underlying debates remain contentious, particularly amid Trump’s assertions that the Supreme Court may eventually support his stance.

Columbia Law School professor Jamal Greene emphasized that the primary intention of the 14th Amendment is to ensure that any person born or naturalized in the United States is granted citizenship, irrespective of race or background. “The guiding principle is merely whether the person is subject to U.S. law, not their nationality or the status of their parents,” he stated.

Trump’s interpretation hinges heavily on the phrase “subject to the jurisdiction of the United States.” Greene notes that historically, this referred to individuals not subject to U.S. law, such as foreign diplomats and Indigenous peoples. Trump is now attempting to apply this interpretation to a broader group, including children born to undocumented immigrants at the time of their births.

Concerns about how these interpretations may affect citizens, particularly among Black Americans, are also rising. The GGCC argues that Trump’s order undermines the progress made by Rainey and others during the Reconstruction era. “Rainey believed the 14th Amendment was intended not just for Black Americans, but for all inhabitants of the United States,” Hemingway stated. “It was the first legal recognition of citizenship that included formerly enslaved people. Thus, attempts to challenge it could inadvertently jeopardize citizenship for all.”

While the restraining order currently halts Trump’s initiative, the broader implications of this debate will remain unresolved until addressed by the Supreme Court. In the interim, Hemingway is dedicated to continuing to uplift Rainey’s legacy and advocate for civil rights.

“It is vital that we recount this history accurately. The fight for civil liberties remains ongoing, and Rainey’s actions resonate with our struggles today. His story is crucial in holding our elected officials accountable to the Constitution. We find ourselves in a constitutional crisis, and his life exemplifies the importance of continued advocacy for rights and equality.”

Source
www.theguardian.com