Supreme Court Agrees to Hear Case That Could End Birthright Citizenship

"The United States Supreme Court on Friday agreed to decide whether US President Donald Trump's executive order ending birthright citizenship - as guaranteed under the 14th Amendment for more than 150 years - is constitutional. Next spring, the justices will hear oral arguments in Trump's appeal of a lower court ruling that struck down parts of an executive order - titled Protecting the Meaning and Value of American Citizenship - signed on the first day of the president's second term. Under the directive, which has not taken effect due to legal challenges, people born in the United States would not be automatically entitled to US citizenship if their parents are in the country temporarily or without legal authorization."

"Enacted in 1868, the 14th Amendment affirms that "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." While the Trump administration argues that the 14th Amendment was adopted to grant US citizenship to freed slaves, not travelers or undocumented immigrants, two key Supreme Court cases have affirmed birthright citizenship under the Constitution - United States v. Wong Kim Ark (1898) and Afroyim v. Rusk(1967)."

The Supreme Court agreed to decide whether an executive order ending birthright citizenship under the 14th Amendment is constitutional. Oral arguments are scheduled for next spring in an appeal of a lower court ruling that struck down parts of the order titled Protecting the Meaning and Value of American Citizenship. The directive would deny automatic US citizenship to people born in the United States if their parents are in the country temporarily or without legal authorization. The 14th Amendment declares that all persons born or naturalized in the United States are citizens. The administration contends the amendment targeted freed slaves, while prior Supreme Court rulings have affirmed birthright citizenship. Several district courts issued preliminary injunctions, and the Supreme Court recently questioned the scope of universal injunctions.

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