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California Senate adopts resolution defending birthright citizenship
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Summary
The California State Senate on July 11 adopted Senate Resolution 32, led by Sen. Aisha Wahab, reaffirming support for birthright citizenship under the U.S. Constitution and opposing an executive order challenging that principle.
The California State Senate adopted Senate Resolution 32 on July 11, a measure offered by Senator Aisha Wahab that affirms support for birthright citizenship and opposes a recent presidential executive order challenging that principle.
SR 32, as presented by Wahab, “expresses that as a body, we support the constitution of The United States and the right of those born here to be US citizens.” The resolution drew extended floor debate from members across the chamber before passing by recorded voice and tally.
The resolution’s author and backers argued the measure defends the Fourteenth Amendment and the longstanding legal interpretation that people born on U.S. soil are citizens. Senator Alex Padilla said he “can’t imagine the more un-American thing to try to reverse a fundamental bedrock constitutional principle,” and urged support. Senator Scott Wiener noted the local historical role of Wong Kim Ark in establishing birthright citizenship, saying he was “a San Franciscan… who helped establish this incredibly important right.”
Opponents raised historical and textual questions about the Fourteenth Amendment’s wording. Senator Jim Strickland urged caution, citing language about being “subject to the jurisdiction thereof,” and said the amendment has been subject to interpretation and litigation. Senator Atulbote (as recorded on the floor) recounted historical cases and said some circumstances historically have led to different administrative outcomes; she said she would not support the resolution as presented.
Other speakers framed the issue as both legal and moral. Senator Wahab rebutted several claims during her closing remarks, saying there is “no credible evidence” that birthright citizenship drives illegal immigration and that the Supreme Court has affirmed that the Fourteenth Amendment applies to persons born on U.S. soil regardless of parents’ immigration status. Senator Cervantes noted he has introduced a bill to move parental birthplace information to the confidential section of California birth certificates, describing that step as “a simple step to protect California born children and their families from federal overreach and unlawful targeting.”
After debate, the Senate recorded the vote: Ayes 27, No 0, and the resolution was adopted. The resolution expresses the chamber’s support for preserving birthright citizenship and registers opposition to the cited presidential executive order referenced during debate (identified in floor remarks as executive order number 14160). The resolution is a statement of the chamber’s position rather than a statute and does not by itself change state or federal law.
The action concluded without any further formal direction to staff or referral to committee. Several senators noted ongoing litigation and said courts will have a role in resolving constitutional questions surrounding the executive order and citizenship policy.
