ABA Adopts Proposal Against Amending Citizenship Clause of Fourteenth Amendment

Resolution 303 from the American Bar Association supports the current citizenship clause of the Fourteenth Amendment. 

The Resolution provides:

RESOLVED, That the American Bar Association urges Congress to reject any resolution  proposing an amendment to the United States Constitution that would  alter, in any way, the grant of United States citizenship under the Fourteenth Amendment to any persons born in the United States (including territories, possessions, and commonwealths).

FURTHER RESOLVED, That the American  Bar Association urges Congress and state legislative bodies to reject any proposal that seeks to alter the right to United States citizenship under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution through the enactment of legislation or adoption of an interstate compact.

FURTHER RESOLVED, That the American Bar Association urges Congress, all state, territorial and local legislative bodies and governmental entities to reject any proposal that seeks to impose limits, based upon the citizenship or immigration status of one or both parents at the time of the person’s birth, on the right of any person born in the United States (including its territories, possessions, and commonwealths) to claim or prove United States citizenship under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution.

It was brought before the ABA House of Delegates by the ABA Commission on Hispanic Legal Rights & Responsibilities.  The nine page report of the commission makes it clear that the resolution responds to recent well-publicized proposals to limit or alter the right to citizenship of certain persons born in the United States, altering the Fourteenth Amendment's grant of what is sometimes called “birthright citizenship” or “jus soli.” 

RR