The Supreme Court is expected to address the issue of birthright citizenship, which has been a topic of debate in the U.S. The practice, which grants automatic citizenship to nearly everyone born on U.S. soil, is soon to face Supreme Court judgment. The Trump administration has been vocal about its views on the matter, with President Donald Trump calling it a “disgrace” and a “magnet for illegal immigration“.
Background on Birthright Citizenship
Birthright citizenship became law in 1868 when the 14th Amendment was ratified in the aftermath of the Civil War, in part to ensure that former slaves would be citizens. In the late 1800s, in the case of Wong Kim Ark, a man born in the U.S. to Chinese parents, it was expanded to include children of immigrants. In later cases, the Supreme Court ruled that anyone born in the U.S. is a citizen, including if their parents are in the U.S. illegally or temporarily.
There are a tiny number of exceptions, mostly for children born in the U.S. to foreign diplomats. It became an accepted part of U.S. jurisprudence and, until Trump, few saw it as controversial. Recent immigrants have made significant contributions to the U.S., with many risking their lives to reach the country. However, opposition to immigration has long been central to Trump’s campaigns, and he has tapped into public frustration with issues like soaring illegal border crossings during the Biden administration.
Trump’s Challenge to Birthright Citizenship
To Trump, birthright citizenship is a “magnet for illegal immigration,” with administration officials often pointing to birth tourism networks that arrange for non-U.S. citizens to come to the country solely to give birth. In legal arguments against the practice, government lawyers often focus on one phrase in the amendment: “subject to the jurisdiction thereof.” Breaking with most legal scholars, they insist that means the U.S. can deny citizenship to babies born to women who are in the country illegally.
However, during April’s oral arguments on the case, even some conservative Supreme Court justices questioned that approach. The practice of birthright citizenship is not unique to the U.S., with dozens of countries other than the United States having unrestricted birthright citizenship. Most are in the Americas, including Canada, Mexico, and many nations in Central and South America.
Original reporting: NBC10 Boston — read the source article.
