The Supreme Court just upheld birthright citizenship
And my essay on why it matters
Today the Supreme Court of the United States struck down President Trump’s attempt to gut birthright citizenship, affirming the idea that to be born on American soil is to be, by right, an American citizen. On this occasion, I wanted to repost this very personal reflection on the larger idea behind a constitutional clause.
I am by birth and by right an American. I do not wish to change this fact, and I will not surrender to those who would change it for me.
I was born in Cleveland, Ohio, a place I invariably think back to on those rare occasions when someone says, “Go back to your country.”
Cleveland? You want me to go back to Cleveland?
And, yes, I was born as the thing now being argued over nationwide: a birthright citizen. Which is to say, my parents were not yet American citizens when they had me.
Had they given up everything they knew to come here? Yes. Had they strained family bank accounts back in India for so much as a plane ticket? Yes. Had they committed every morsel of their energy and perseverance and ingenuity to making a life here? Yes, yes, and yes. Had my father, quoting the folk singer Tom Paxton, written to my mother of their departure from India’s comfortable certainties that the two of them were now venturing “Outward bound upon a ship that sails no ocean / Outward bound, it has no crew but me and you / All alone when just a minute ago the shore was filled with people / With people that we knew”? Yes. And he still quotes it to her.
But they were not yet American citizens. Nevertheless, they dared to cast the biggest vote of confidence a human being can cast in another country: creating a child who will belong first to it, and not to the country of their own certainties. To have a child is to begin to lose control from the moment of physical separation. They never go back in; eventually, they acquire minds of their own. But the loss of control is greater, the faith deeper, when you are one thing, and you engender a child who is another.
My father used to introduce my sister and me as “the original Cleveland Indians.” The joke killed before the team’s name change.
But really we were just Americans. Americans with masala, maybe, but Americans. Baseball and Hot Wheels and hot dogs and a big Oldsmobile and a yard and, more than anything else, a sense that history didn’t have to be some big drag, that here, eyes to the horizon, standing atop the old, not under it, you become, become, become.
President Trump wants to end birthright citizenship. Because he is inelegant, his way of going about it would inevitably imperil much of the legal infrastructure that pulled America out of slavery, brought down segregation, and laid the foundation for women’s rights and equality and the freedoms of many other populations.
Legal writers more knowledgeable than I have explained why Trump’s attack on birthright citizenship is both perilous and, legally speaking, hogwash. I want to make a different point, borne of my experiences in America and outside of it. Birthright citizenship is not only a profound legal foundation of the United States. It is a cultural idea that does as much to make America feel like America as any other thing.
My family learned this lesson the difficile way.
A dozen years after my father first touched down in America as a graduate student, a decade after my mother joined him, they decided to take their now-family of four on an adventure. We were moving to France!
Now, France is a very captivating country. Don’t get me wrong. But even though I was merely seven years old when we moved there, I remember watching my parents daily confront a reality that they would have had no way of understanding from the other side of the Atlantic: in France, there is something called Frenchness, and the only way to access it or participate in it fully is to have the luck of already being French.
This poses a challenge to outsiders. If the only way to become French is to have already been French, then how do you become French? The short answer is you don’t. You can live there; there are ways to finagle citizenship. But at the heart of French law and culture is the idea that Frenchness is a specific culture, French people have a specific blood, and the barriers to entry are high. You can be there. But you can never be of there. You can enjoy the place. But the place will never truly belong to you.
That is changing slightly even in France, as I have seen on recent trips. But those who would open up the definition of Frenchness are, and always will be, playing defense.
Many countries around the world function in this same way, with a cultural and legal idea of citizenship rooted in blood and soil and lineage. Basically, in one form or another, to be a citizen requires your parents or even grandparents to have been citizens. What this means at a philosophical level is that a citizen is something you are because they were, not something you become as you, because you were born here.
I always think of something my friend Eric Liu, a former speechwriter for President Bill Clinton, said (and I paraphrase). His family came from China to the U.S. They became American, like so many before. And, Liu notes, having been rooted in China’s soil for thousands of years and uprooted into America’s for only a few decades, Eric could never “become Chinese” by moving back. One severed link: the chain ends.
This is why, for all of the dangerous things President Trump has proposed in his first days, the assault on birthright citizenship strikes me as so fundamental. Because it’s an attack not just on a policy question of how and when passports are given out. It’s an attack on the idea that anyone can be part of this, that this is a nation of becoming.
So fundamental is this culture of becoming that even Trump cannot escape it. He can slap 10 percent tariffs on foreign goods, but nothing will change the fact that 67 percent of his own wives were imports. And I want to say for the record that I will never use the fact that Melania Trump was not born in the United States against her. I believe she is every bit as American as I am.
I used to live in the Boston area. One day, several friends and I went down to the river and laid out contiguous picnic blankets and waited hours for the Fourth of July fireworks. The bank grew more crowded by the hour. There were minor arguments about space and the obstruction of views. Most of it was totally peaceful. But at some point, our group, a large and diverse crew, came into the focus of a man who did not like how many blankets we had laid out.
“Go back to your country!” the man barked at me. I remember being taken aback. Cleveland? “Why did you even come to this country?” the man persisted. His tone suggested he wasn’t thinking of Cleveland.
As the situation escalated, another man came forward. He was white, in a sleeveless shirt, with a bald head, full of tattoos, and with a generous belly. He looked like he might be a Hell’s Angel or some type of biker dude. Given the argument we were in about whether we belonged, he didn’t necessarily look like he would fall on our side.
But he turned to the man barking at us and said five words I will never forget — five words so simple and profound that Trump will live and die without grasping them: The man said, “These are my people, too.”
It was a big idea; it is a big idea. But to him, it was also no big deal. He didn’t want to make a big fuss about it. It was just what he knew to be true. Whether or not he had ever spent much time ruminating about “birthright citizenship,” he had internalized the culture of it. These are my people. Anyone can become my people. We become.
And where that story leaves me is this: I don’t think of Trump as being in a contest with me over my citizenship, or in a contest with legal scholars and the courts over the proper reading of the Fourteenth Amendment. Fundamentally, I think of Trump as being in a contest with that biker dude. With the deep and abiding culture he spoke for. With the lifeblood of a nation of becoming. I believe the biker dude will prevail.
long live the biker dude and the immigrant
some good news!