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    Home » Blog » US Supreme Court considers ending birthright citizenship: What it could mean for immigrants

    US Supreme Court considers ending birthright citizenship: What it could mean for immigrants

    May 15, 2025Updated:May 15, 2025 World No Comments
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    US Supreme Court considers ending birthright citizenship: What it could mean for immigrants

    As it weighs President Donald Trump’s executive order that would end inheritance membership for children born to illegal immigrants and those on temporary visas, the US Supreme Court is deliberating a situation that could ultimately change the definition of American citizenship. The plaintiffs, which include Democrat attorneys general from 22 claims and immigrant rights advocates, claim that more than 150, 000 children could lose membership each year if the purchase is upheld. The 14th Amendment, which states that all “persons born or naturalized in the United States, and subject to the jurisdiction thereof,” are US members, is at problem. Trump’s administration contends that this language does not apply to children of immigrants who have temporary or illegal residences, such as individuals or card holders. This view is a significant departure from the constitutional precedent of more than a century. In oral claims, Solicitor General D. John Sauer argued that the 14th Amendment was solely intended to enslave the kids of the original oppressed people. Justice Elena Kagan questioned why the management was challenging a law so firmly rooted in history and asked how the government would decide the citizen of children under this policy. How does one get there if one believes that the order is already quite clear, and in what amount of time, without the possibility of a global lawsuit? she enquired. Justice Amy Coney Barrett expressed doubts about Sauer’s confidence that the dispute may be resolved without compromising the existing system. A challenge to a century-old precedentThe law is United States v. Wong Kim Ark, the Supreme Court’s decision that granted citizenship to children born here regardless of their kids ‘ immigration status in 1898. Wong, a San Francisco native to Taiwanese immigrants, was denied re-entry after traveling overseas. The court’s decision strengthened the rule of law soli citizenship by birth, cementing his position. Kids of foreign ambassadors, army occupyers, and those born in unorganized US lands, like American Samoa, are not instantly granted membership, according to this rule. If upheld, the Trump administration’s get had significantly expand these exceptions. Reviewers warn that if inheritance citizen is terminated, it could lead to a legitimate complication. Jeremy Feigenbaum, the court’s representative in New Jersey, warned the jury that a change had “unprecedented chaos,” leading to a symbiotic relationship between the legitimate messages that could apply to children born on the same day in different state or even the same doctor. Justice Ketanji Brown Jackson referred to the president’s stance as” a catch-me-if-you-can kind of regime,” in which people would be forced to file lawsuits to assert rights that ought to be automated. As the event draws regional attention, demonstrations have erupted outside the courtroom. Nancy Pelosi, the former head of the House, joined demonstrators to read the Constitution and speak out against the fundamental right to membership. She said,” This is about birthright, it’s about citizenship, and it’s about due process.” According to legal experts, Wong Kim Ark’s overturning would probably need a constitutional act, not just an executive order. The Trump presidency has made some hints about limiting short-term permits for female travelers as a way to stop non-citizens from giving birth in the US. With the court’s support, there may be restrictions on rulings against the defendants alone, leaving children in the nation with drastically different legal challenges. Birth certificates may no longer be sufficient as proof of membership in such a situation, leaving all Americans in confusion.

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