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The U.S. Supreme Court has agreed to hear a case that could determine the future of birthright citizenship, a long-standing constitutional right guaranteeing citizenship to those born in the United States.
Former President Donald Trump signed an executive order on his first day in office seeking to end birthright citizenship. However, lower courts blocked the move after legal challenges questioned its constitutionality.
The Supreme Court’s ruling will determine whether the children of migrants who are in the U.S. without legal authorization or on temporary visas will continue to be granted citizenship, or whether that right will be revoked.
The Supreme Court justices will schedule a date to hear oral arguments between the government and the plaintiffs, which include immigrant parents and their children.
For nearly 160 years, the 14th Amendment of the U.S. Constitution has established that anyone born in the country is a U.S. citizen, with exceptions for children born to diplomats and foreign military personnel.
The amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Trump’s executive order sought to deny citizenship to children of individuals in the U.S. without legal permission or those with temporary visas. This action was part of the Trump administration’s broader effort to reform the nation’s immigration system and address what they termed “significant threats to national security and public safety.”
The previous administration argued the 14th Amendment clause “subject to the jurisdiction thereof” excludes children of individuals not in the country permanently or lawfully.
Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), representing the plaintiffs, told CBS, the BBC’s news partner, that no president can alter the 14th Amendment’s fundamental promise of citizenship.
“For over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth,” Wang stated.
“We look forward to putting this issue to rest once and for all in the Supreme Court this term,” she added.
The U.S. is among approximately 30 countries, primarily in the Americas, that automatically grant citizenship to anyone born within their borders.
Following legal challenges to Trump’s executive order, multiple federal court judges ruled it unconstitutional, and two federal circuit courts of appeals upheld injunctions, preventing the order from taking effect.
Trump then appealed to the Supreme Court, which ruled in June that the lower courts’ injunctions exceeded their authority, a victory for Trump, although the court did not address the issue of birthright citizenship itself.
The 14th Amendment was passed following the U.S. Civil War to clarify the citizenship status of freed, American-born former slaves.
Former U.S. Solicitor General D. John Sauer has argued that the amendment was adopted “to confer citizenship on the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens.”
He has stated that it is a “mistaken view” that birth on U.S. soil confers citizenship and argued that this understanding has had “destructive consequences.”
According to The Pew Research Center, approximately 250,000 babies were born to unauthorized immigrant parents in the U.S. in 2016, a 36% decrease from a peak in 2007.
By 2022, the most recent year with available data, Pew found there were 1.2 million U.S. citizens born to unauthorized immigrant parents.
A study published in May by the Migration Policy Institute and Pennsylvania State University’s Population Research Institute suggested that repealing birthright citizenship could increase the unauthorized population in the U.S. by an additional 2.7 million by 2045 and by 5.4 million by 2075.
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