For more than 150 years, the 14th Amendment has served as a pillar of American citizenship. Donald Trump, the former president, has recently filed a lawsuit to contest birthright citizenship. He has officially requested that the Supreme Court stop this practice, which automatically confers citizenship on children born in the United States, irrespective of the status of their parents. Significant discussion has been generated by this action in both legal and political areas.
Trump’s efforts to abolish birthright citizenship bring up a number of moral, legal, and constitutional issues. Millions of people and the future of American immigration rules may be impacted by the Supreme Court’s ruling in this case.
The 14th Amendment: What is it?
All people born or naturalized in the United States were to be granted citizenship by the 14th Amendment, which was enacted in 1868. After the Civil War, it was first established to defend the rights of former slaves. The 14th Amendment’s central clause reads,
“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.”
For many years, the birthright citizenship idea has been a defining feature of U.S. immigration law. It guarantees automatic U.S. citizenship to anyone born in the United States, a principle that has been discussed for a long time in legal and political circles.
Trump’s Legal Action In opposition to the 14th Amendment
Trump has opposed birthright citizenship for a long time. He contends that it promotes illegal immigration and causes problems like “birth tourism,” in which individuals come to the United States only to give birth in order for their offspring to obtain U.S. citizenship.
Trump petitioned the Supreme Court in 2025 for a decision that would nullify 14th Amendment birthright citizenship. His legal team contends that a more restrictive interpretation of the words “subject to the jurisdiction thereof” should be used, barring children born to non-citizen parents or undocumented immigrants.
Based on a historical interpretation, Trump’s reasoning implies that the 14th Amendment was meant to apply exclusively to people who were fully loyal to the United States. His legal action has the potential to drastically change the state of U.S. citizenship laws if it is successful.
Birthright Citizenship in Historical Context
Under the English common law doctrine of jus soli (“right of the soil”), the idea of birthright citizenship originated. Nonetheless, citizenship status disputes have persisted in the US for centuries:
- Due to the 1857 Dred Scott v. Sandford decision, African Americans were not granted citizenship prior to the 14th Amendment.
- The citizenship status of children born to Chinese immigrants was called into issue by the Chinese Exclusion Act of 1882 and later decisions.
- The Supreme Court upheld the citizenship of children born to legal immigrants in the United States in the 1898 case of United States v. Wong Kim Ark.
Trump’s challenge to birthright citizenship is one of the most significant legal threats in recent history, but it is not the first attempt to limit it.
Arguments for and against citizenship based on birthright
Reasons in Favor of the Fourteenth Amendment
- For more than a century, the 14th Amendment has guaranteed unambiguous and consistent citizenship rights.
- A sizable population of stateless children without a legitimate nation of residence could result from the removal of birthright citizenship.
- Many academics contend that a constitutional amendment—rather than merely a Supreme Court decision or governmental action—is necessary to change this policy.
- Birthright citizenship promotes a feeling of national identity and belonging by assisting immigrants in assimilating into American society.
Reasons Opposed to the Fourteenth Amendment
- Critics assert that illegal immigrants are abusing birthright citizenship to obtain U.S. citizenship for their offspring.
- Some contend that children of undocumented immigrants were never intended to be covered under the 14th Amendment.
- Ending birthright citizenship, according to Trump and his backers, would save public service expenses and help stop illegal immigration.
- According to some, “anchor babies” are encouraged by birthright citizenship, whereby children are utilized to obtain their parents’ legal status.
The role of the Supreme Court in the ruling
The 14th Amendment’s applicability to children of unauthorized immigrants has never been directly decided by the Supreme Court. Nonetheless, previous rulings have upheld the notion that almost everyone born in the United States is a citizen.
If the Supreme Court decides to hear the case, legal experts predict that it would result in one of the most important immigration decisions in decades. Should Trump’s appeal be granted, the decision might change the rules governing U.S. citizenship.
Possible Effect on American Immigration Law
The repercussions could be severe if the 14th Amendment’s guarantee of birthright citizenship is violated:
- The automatic citizenship rights of millions of children born to non-citizen parents may be revoked.
- Immigration regulations may grow even more intricate and stringent.
- More court cases involving citizenship status could result from this.
Additionally, eliminating birthright citizenship could put the U.S. at odds with other countries that uphold comparable norms. Birthright citizenship is also granted by countries like Canada and Mexico.
Views on Birthright Citizenship from Around the World
Birthright citizenship has been abandoned by a number of modern countries:
- Australia (which did so in 1986).
- Britain (expelled in 1983)
- Germany (birthright citizenship was restricted in 1999)
The United States is still one of the few wealthy nations that grants unrestricted birthright citizenship, nevertheless.
Political and Public Responses
Both political parties have responded strongly to Trump’s assault to the 14th Amendment. While many see it as an assault on core American principles, supporters contend that stricter immigration rules are required.
Conclusion
The battle over birthright citizenship and the 14th Amendment is far from done. Trump’s action to contest this constitutional privilege is expected to spark heated legal disputes and political discussions. The Supreme Court’s ruling in this case might have a long-term impact on American society and change U.S. immigration policy.
The 14th Amendment is still in force for the time being, but its future is uncertain. Regardless of the result, this case will be remembered as a turning point in the development of American citizenship laws.
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