Supreme Court Faces Trump’s Plan to Strip Birthright Citizenship

The U. S. Supreme Court will hear arguments this Wednesday about President Donald Trump’s attempt to change the rule that gives citizenship to children born in America. Trump wants U. S. agencies to refuse citizenship for babies whose parents are not American citizens or legal permanent residents. The order was issued last year on the day Trump returned to office and is part of a broader effort to tighten immigration controls. A lower court blocked the order, saying it violates the 14th Amendment and federal law that protects birthright citizenship. The plaintiffs are parents and children whose status would be threatened by the new rule. They argue that the amendment guarantees citizenship to anyone born on U. S. soil, except for a few narrow cases such as children of foreign diplomats or enemy soldiers. Trump’s side interprets the phrase “subject to the jurisdiction thereof” as meaning that merely being born in the United States is not enough. They claim that only children of people who have a permanent, lawful residence in the country and intend to stay qualify for citizenship.

The administration also says that allowing anyone born here to become a citizen encourages “birth tourism, ” where foreigners travel to the U. S. just to give birth and secure a passport for their child. If the Court sides with Trump, it could affect about 250, 000 babies born each year. Families of many more children might have to prove the citizenship status of their newborns. The 14th Amendment was adopted in 1868 after the Civil War and overturned a ruling that denied citizenship to people of African descent. In 1898 the Supreme Court ruled in United States v. Wong Kim Ark that a child born on U. S. soil is a citizen, even if the parents are foreign nationals. The administration argues that this precedent supports its plan because Wong Kim Ark’s parents had permanent residence in the United States at the time of his birth. The Court, which has a conservative majority, is expected to deliver its decision by the end of June. Last year it gave Trump a narrow victory in a related case, limiting judges’ power to block his policies. The outcome will have lasting implications for the future of birthright citizenship in America.

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