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President Trump issued an executive order halting birthright citizenship for persons born on U.S. soil. His legal argument focuses on language in the Fourteenth Amendment that he says grants citizenship only to persons "subject to the jurisdiction" of the United States. Under his order, at least one parent would need to be a citizen or legal resident of the United States for a child to receive birthright citizenship.
We have previously explored citizenship, indigeneity, and the sovereignty movement. What does Trump's executive order mean, then, for Native Hawaiians? Well, it's complicated. Current law: The descendants of the aboriginal people of Hawaiʻi were subjects of the Hawaiian Kingdom and following the overthrow became subjects of the Republic of Hawaiʻi. Under the Hawaiian Organic Act, which established the Territory of Hawaiʻi, all persons who were subjects of the Republic of Hawaiʻi on or after August 12, 1898, were granted U.S. citizenship. Native Hawaiians today would be considered U.S. citizens through parentage. What the end to birthright citizenship means for sovereignty: We previously discussed a branch of the sovereignty movement that argues that the Kingdom of Hawaiʻi maintains its sovereignty despite the 1893 overthrow of Liliʻuokalani. Citing international law governing states at war, the movement contends that Hawaiʻi is under illegal occupation by the United States. International law prohibits the acquisition of citizenship of the occupied state by birthright during occupation. This means descendants of individuals who were subjects of the Kingdom of Hawaiʻi at the time of the overthrow (including Native Hawaiians) would not be considered U.S. citizens (unless through parentage, where they would enjoy dual citizenship, or naturalization). What the end of birthright citizenship means for Native Hawaiian claims of indigeneity: For advocates efforting Native Hawaiian tribal status, the call to eliminate birthright citizenship complicates an already fraught landscape. Trump's Justice Department is citing an 1884 U.S. Supreme Court ruling that found members of Indian tribes were not subject to the jurisdiction of the United States and were not constitutionally entitled to citizenship. Congress didn't grant citizenship to Native Americans until June 2, 1924 (through the Snyder Act); and it wasn't until 1965 that most tribal members were granted the full breadth of that designation with the ability to vote. Should Native Hawaiians be granted tribal status under the Trump administration, there's no certainty that they would also be considered U.S. citizens (unless individuals enjoy dual citizenship through parentage or become a citizen through naturalization). A federal judge temporarily blocked Trump's executive order, calling the move "blatantly unconstitutional." Watch this space. Comments are closed.
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