January 9, 2026

Resolution Regarding Birthright Citizenship in the United States of America

Whereas President Donald Trump has signed an executive order declaring that the federal government of the United States will no longer recognize the birthright citizenship (jus soli) of children born in the US to undocumented migrants, and

Whereas the Fourteenth Amendment to the Constitution of the United States of America says, in part, 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,” and

Whereas said declaration is, therefore, forbidden by the Fourteenth Amendment and also contravenes an 1898 US Supreme Court decision, US. v. Wong Kim Ark, and

Whereas the President’s declaration, by making it possible to deny citizenship to those born in the US, sets a dangerous precedent that could lead to the expulsion or exclusion of other disfavored groups, and

Whereas anti-immigration arguments are the same ones used against Jews in the early twentieth century, and

Whereas the major alternative to birthright citizenship (jus soli) is bloodline citizenship (jus sanguinis), which can be used to exclude minority ethnic and racial groups, and

Whereas thus far 22 states have sued the Trump administration over the issue of birthright citizenship and a federal judge temporarily blocked the order; 

Whereas the RA has continuously and consistently advocated for the rights of immigrants in resolutions passed in 1992, 1995, 1997, 2003, 2007, 2011, and 2013;

Whereas in Judaism we are taught to “not oppress a stranger, for you know the feelings of the stranger, having yourselves been strangers in the land of Egypt” (Exodus 23:9);

Therefore be it resolved that the Rabbinical Assembly forthrightly condemns any effort to reject or revoke the American citizenship of children born in the US, irrespective of their parents’ immigration status.

Therefore, be it further resolved that the Rabbinical Assembly calls for the protection of children born in the United States in all issues of citizenship, protecting their wellbeing, safety, education, and rights as citizens

Comments

Submitted by tamtzit on Tue, 02/11/2025 - 06:02

I think that this resolution needs a good amount of editing and clarification. If the focus is on the treatment of immigrants of all kinds, that should be reflected in its title and organization. The present title (birthright citizenship) is too narrow and not appropriate. It's a technical issue in constitutional law which will probably eventually be decided by the Supreme Court. The RA shouldn't be expressing an opinion about what is or isn't a reasonable interpretation of the Constitution. Instead, our focus should be on the treatment and the suffering of those who've been targeted by recent policy changes and edicts. Compassion toward all of God's creatures -- not whether there is or isn't a crisis at the southern border or what might be the appropriate limits on immigration -- should be the focus. We should "stay in our lane."

Submitted by yonatan.warren on Fri, 02/28/2025 - 03:56

I was told once in rabbinical school that my right to speak from the pulpit on issues is that I speak from a place of Torah. This resolution takes forever to get to Torah and spends way too much time on stuff that lawyers argue about. Whereas Torah says to care for the stranger / you were strangers… that’s great Whereas Jews have been hurt by these laws… that’s super. Cut everything else until the resolved At that point, I fully agree