The American tradition of granting citizenship to anyone born on US soil, known as birthright citizenship, is now facing its most serious legal and political test in over a century. Rooted in the 14th Amendment of the US Constitution, the policy has long been seen as a fundamental principle of American identity. But recent efforts by President Trump’s administration to curtail it have reignited fierce debate.
Trump has issued a new executive order aiming to end automatic citizenship for children born in the US to undocumented immigrants or individuals on temporary visas. The order directly challenges the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which affirmed the citizenship of a man born in the US to Chinese parents who were not citizens. Legal experts across the political spectrum say this ruling has underpinned the current system for more than a century.
Supporters of Trump’s move argue that the phrase “subject to the jurisdiction” in the 14th Amendment should not apply to children of people in the US illegally or temporarily. They say ending birthright citizenship would deter illegal immigration and reduce pressure on public services. Critics, however, view the proposal as both unconstitutional and un-American, pointing to the original purpose of the amendment—to guarantee full citizenship to freed slaves and their descendants—and warn that tampering with it could open the door to broader erosion of civil rights.
Federal courts have already blocked the executive order, but the Supreme Court has agreed to hear the case. In addition to reviewing the substance of the order, the justices will consider whether lower courts should be able to issue nationwide injunctions—an increasingly common but controversial legal tool.
Civil rights groups, immigrant advocates and constitutional scholars have all spoken out against the policy, warning that it risks creating a permanent underclass of stateless children. Conservative think tanks and several Republican lawmakers, on the other hand, support the change, saying the US should no longer be the only major country with unconditional birthright citizenship.
The Supreme Court’s decision, expected later this summer, could redefine not only who gets to be a citizen—but what citizenship means in 21st century America.
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