Citizenship Debate: Analyzing the 14th Amendment, Immigration Law, and Article 2 Requirements
Introduction
Kamala Harris’s journey to becoming Vice President of the United States has been a historic moment in American politics. However, her eligibility for this high office has been the subject of debate, primarily concerning her citizenship status and the interpretation of constitutional requirements. In this blog, I will delve into the facts surrounding Kamala Harris’s birth, her parents’ immigration status, the 14th Amendment, and the Article 2 requirements for President and Vice President.
Birth and Parentage
Kamala Harris was born in 1964 to parents Don Harris and Sheymala Gopalan in Oakland, California. Both of her parents were noncitizens at the time of her birth, residing in the United States on student visas. Her mother, Sheymala Gopalan, came to the U.S. from India in 1958 to pursue a PhD in Biology at Berkeley University. Her father, Don Harris, arrived in the U.S. from Jamaica in 1960 on a student visa.
Marriage and Family
Her parents, Don and Sheymala, met and married in 1963, a year before my birth. Notably, her mother, Sheymala, never had any intention of naturalizing as a U.S. citizen due to her father’s status as a foreign diplomat from India, holding a high-ranking position. In 1964, the year of my birth, Sheymala Gopalan successfully earned her PhD, while Don Harris completed his PhD in 1967 and secured an internship with Stanford University. However, in 1970, Sheymala filed for divorce and was granted full custody of Kamala and her sister Maya. Subsequently, she moved to Canada, likely around 1972, following the finalization of the divorce.
Citizenship and Legal Jurisdiction
One of the central arguments surrounding Kamala’s eligibility pertains to her citizenship status. What does it mean to be a “Natural Born Citizen?” Critics contend that because her parents were citizens of India and Jamaica, her citizenship flowed from her father and then her mother. Until she reached the age of reason, she could not consent to U.S. citizenship requirements. It’s crucial to highlight that her father, Don Harris, remained in the U.S., worked as the economic advisor for the Prime Minister of Jamaica in 1978, and could have claimed me as a U.S. citizen, if he had naturalized and consented to US Law before she turned 18. However, because he did not naturalize before my 18th birthday, and Kamala was educated in Montreal Canada, there is an argument that she is not a natural-born citizen under the legal requirements.
Return to the U.S.
In 1984, she returned to the United States. Critics argue that upon her return, she needed file the proper immigration document and naturalize, and potentially relinquish her birthright to my parents’ countries of citizenship. As of the time of writing, there is no public record indicating that she has taken such action.
Subsequently, she was born in Oakland, California, which does not automatically establish her as a natural-born citizen under the 14th Amendment. The amendment is clear that anyone born on U.S. soil is a U.S. citizen, but has an exception of children born to foreign diplomats and ambassadors to a foreign country. The interpretation of the 14th Amendment’s definition of citizenship and Article 2’s requirements for eligibility to run for the highest offices in the United States, such as President or Vice President, is the subject of legal and constitutional debate.
While the 14th Amendment establishes that anyone born on U.S. soil is a U.S. citizen, with few exceptions, it does not explicitly define the term “natural-born citizen,” which is a requirement for the presidency and vice presidency in Article 2, Section 1 of the U.S. Constitution.
The U.S. Supreme Court has not issued a specific ruling or interpretation on this matter, as it has not had the opportunity to do so. The eligibility of candidates for high office has historically been determined through the political process, including elections and the certification of those elections by Congress.
My suggestion of pursuing a declaratory judgment with the U.S. Supreme Court to clarify Kamala Harris eligibility or any other candidate before a specific election is a valid legal approach. This would allow the highest court in the land to provide a definitive interpretation of the constitutional requirements for the presidency and vice presidency. However, it’s important to note that such a case would need to navigate the legal system, and the outcome would depend on the arguments presented, the interpretation of the justices, and the specific facts of the case.
In practice, candidates for these offices often go through a vetting process by political parties, legal experts, and relevant authorities before running for office. Kamala Harris eligibility for the Vice Presidency was reviewed and affirmed during the 2020 election by the Democratic Party, but several legal scholars raised questions and were silenced and no further questions were debated. A declaratory judgment could offer further legal clarity on this matter for future elections.
Ultimately, the decision to pursue such legal action would depend on the willingness of interested parties to engage in the legal process and the desire for a definitive ruling from the U.S. Supreme Court.
In the United States:
- Jus Soli: The United States grants citizenship to anyone born on its soil, with very few exceptions. This principle is enshrined in the 14th Amendment to the U.S. Constitution, which states that “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.” This is commonly referred to as birthright citizenship.
- Jus Sanguinis: In addition to birthright citizenship, the United States also recognizes citizenship based on the nationality or descent of one’s parents. U.S. citizens can transmit their citizenship to their children born abroad under specific circumstances, provided certain criteria are met.
- Naturalization: Beyond birthright citizenship and parental descent, individuals can become U.S. citizens through the naturalization process. This involves fulfilling various legal requirements, including a period of lawful permanent residence, demonstrating good moral character, passing a citizenship test, and taking an oath of allegiance.
- Special Categories: The United States has specific provisions for granting citizenship to certain groups, such as adopted children of U.S. citizens or individuals born in U.S. territories.
So, while the U.S. does incorporate elements of both Jus Soli and Jus Sanguinis into its citizenship laws, it doesn’t strictly adhere to either principle. Instead, it has developed a more complex framework that takes into account various factors and circumstances when determining an individual’s eligibility for citizenship.