The US Supreme Court will review a pivotal case regarding birthright citizenship. The controversy centers on whether children born in the United States to parents who are in the country illegally are entitled to citizenship under the Constitution. This case arises after President Donald Trump issued an executive order in January aimed at revoking birthright citizenship.
Background on the Birthright Citizenship Challenge
President Trump’s order sought to end the practice upheld by the 14th Amendment. This amendment, established nearly 160 years ago, states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Exceptions exist for children born to diplomats and foreign military personnel.
Trump’s executive order targeted children born to parents without legal status or those holding temporary visas. This initiative reflects the administration’s broader immigration reform agenda, focusing on national security and public safety.
Legal Context
Lower federal courts blocked Trump’s order, ruling it unconstitutional. Despite the challenges, the Supreme Court, in June, sided with Trump regarding some related injunctions but did not take a definitive stance on birthright citizenship itself.
- The ACLU represents plaintiffs opposing the order.
- Cecillia Wang, ACLU’s national legal director, argues the 14th Amendment’s protection of citizenship cannot be altered by executive order.
Implications of the Case
The Supreme Court’s forthcoming ruling is expected to have substantial effects on immigration policy and citizenship rights. The 14th Amendment was ratified in the aftermath of the Civil War to solidify citizenship for freed slaves and their descendants. US Solicitor General D John Sauer argues the amendment was not intended to apply to children of temporary visitors or undocumented immigrants.
Statistical data show significant trends regarding children born to unauthorized parents. According to the Pew Research Center, approximately 250,000 infants were born to unauthorized immigrant parents in 2016, a 36% reduction from 2007. By 2022, there were 1.2 million US citizens born to these parents.
Future Projections
Research indicates that eliminating birthright citizenship could substantially increase the unauthorized population. A study from the Migration Policy Institute projects an additional 2.7 million unauthorized individuals by 2045 and 5.4 million by 2075.
The Supreme Court has not yet scheduled a hearing date. The outcome will profoundly influence the legal understanding of citizenship in America.
