"Justice Barrett had a lot of skeptical questions for the solicitor general. She drilled down on his theory that children do not receive birthright citizenship if their parents lack 'domicile' in the United States or hold 'allegiance' to a foreign power. She asked how the government would know whether certain immigrants intended to stay in the country or maintain loyalty to a foreign power."
"Sauer kept returning to his claim that the lone purpose of the 14th Amendment's citizenship clause was to overturn Dred Scott and grant citizenship to newly freed slaves and their children. But then Barrett asked: What about slaves who were brought to this country illegally and against their will? Surely some of them still 'felt allegiance to the countries where they were from' and intended 'to return as soon as they can.'"
During Supreme Court arguments on birthright citizenship, justices expressed skepticism about Trump's executive order to deny citizenship to American-born children of immigrants. Justice Barrett questioned the solicitor general's claims regarding domicile and allegiance, raising concerns about how to determine citizenship for children of immigrants. The discussion highlighted the complexities of the 14th Amendment's citizenship clause, particularly regarding historical context and the implications for children born to those who entered the country illegally or against their will.
Read at Slate Magazine
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