Attorney General Kris Mayes defended birthright citizenship during a debate at Arizona State University, arguing that ending it would be unconstitutional and create a permanent underclass of children in America.
Mayes participated in the early October debate at ASU's Walter Cronkite School of Journalism, where she argued that birthright citizenship isn't just a policy; it's a constitutional right that no president can change with an executive order.
"If you are born here, you are a United States citizen. Full stop," Mayes said, quoting the 14th Amendment.
She explained that the Amendment was written after the Civil War to ensure children of formerly enslaved people could never be denied citizenship again.
Long-Time Ruling
Mayes pointed out that the Supreme Court confirmed this right over a century ago in a case involving a child born in San Francisco to Chinese immigrant parents.
That ruling has stood ever since, she said, and every government agency from the State Department to Social Security has followed the same rule.
The attorney general also addressed the argument that children of undocumented immigrants aren't "subject to U.S. jurisdiction." She explained that it doesn't make sense because Arizona prosecutes members of Mexican drug cartels under U.S. law all the time.
"If cartel members are subject to the jurisdiction of the United States, then so are children born to parents from foreign countries," she argued.
Those arguing against birthright citizenship were Horace Cooper and Mark Krikorian, who said it encourages illegal immigration and "birth tourism," where people come to the U.S. specifically to have children who will be American citizens.
The debate comes as courts review an executive order attempting to limit citizenship for children of noncitizens. Mayes maintains that any such order is unconstitutional and would be struck down by the courts.
