The Supreme Court will hear oral arguments later today in a case that will decide the legality of President Trump's executive order that seeks to end birthright citizenship in America.
Some quick background: In the US, birthright citizenship originated in 1868 with the 14th Amendment, which states: “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.”
The policy was initially aimed at guaranteeing citizenship for formerly enslaved Americans after the Civil War, following earlier rulings like the 1857 Dred Scott SCOTUS decision which held that Black Americans couldn’t be US citizens.
Courts have long interpreted the 14th Amendment to mean nearly anyone born on US soil is automatically a citizen, regardless of their parents’ immigration status.
- This precedent, reinforced by the Supreme Court in an 1898 decision, places America among the ~30 countries in the world today with unrestricted birthright citizenship.
- In other countries, birthright citizenship is often referred to as jus soli (“right of the soil”).
The arguments
At its heart, the case centers around a simple question: what does “subject to the jurisdiction” actually mean?
The Trump administration argues this passage has been interpreted too broadly over the years. Under their view, citizenship should only apply to people who are fully within America’s political jurisdiction, meaning they owe “direct allegiance” to the US and may claim its protection.
- That would exclude children born to undocumented immigrants or people living in the US temporarily, like students or visa holders.
- The Trump admin says the current system creates incentives for illegal immigration and “birth tourism” by allowing nearly anyone to secure US citizenship for their children.
On the flip side: Supporters of birthright citizenship, including the ACLU, argue the Court shouldn’t overturn more than a century of precedent where US citizenship has been tied to birthplace.
- They warn that changing that standard could have immediate consequences for the ~250,000 children born each year to noncitizen parents in the US, leaving many of them in legal limbo.
- They also argue it would also potentially call into question the citizenship of millions of Americans going back generations.
Looking ahead…The Court’s final decision is expected by the end of its term in late June or early July.
📊 Flash poll: Do you support or oppose granting birthright citizenship to children whose parents either immigrated to the US illegally, or are non-citizens temporarily living in the US?
