Birthright Citizenship Supreme Court Case- High School

On June 30, the Supreme Court ruled to preserve birthright citizenship in a 6-3 overall decision, establishing that the Constitution guarantees citizenship for all people born in the United States, regardless of their parent’s immigration status. 

In Trump v. Barbara, the Court examined the meaning of the 14th Amendment. The case arose as a class action lawsuit filed by three families—Barbara, a Honduran asylum seeker; Susan, a Taiwanese student on a visa; and Mark, a Brazilian permanent residence applicant—against President Trump’s Executive Order No. 14160. The order sought to block automatic citizenship for children born in America to undocumented or temporarily present parents, such as visa holders. 

The families argued that Trump’s move to end universal birthright citizenship violated the 14th Amendment of the U.S. Constitution, which states that “[a]ll 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.” On the other hand, the Trump administration made the claim that the 14th Amendment does not apply to undocumented individuals or residents on temporary visas because they are not “subject to the jurisdiction thereof.”

The 14th Amendment was written during Reconstruction following the abolition of slavery, aimed at reversing the Dred Scott v. Sanford decision, which denied African Americans citizenship. It was then brought under examination in the 1898 case Wong Kim Ark v. United States, where the Supreme Court affirmed that the children of non-citizen parents had birthright citizenship. However, the Trump administration challenged the interpretation of this ruling, arguing that it only applies to the children of lawful and permanent residents. 

The majority of the Supreme Court ruled in favor of preserving jus soli, or the idea that one’s citizenship is determined by their place of birth, and reaffirmed their decision in Wong Kim Ark. The Court stated that birthright citizenship is a core aspect of America’s law and history, emphasizing that the intention of the 14th Amendment’s framers was to create a universal, fixed standard for citizenship. They also rejected Trump’s claim that undocumented or temporarily present individuals are not “subject to the jurisdiction” of the United States, since they are subject to U.S. laws and courts.

Nevertheless, the Trump administration’s pursuit to challenge birthright citizenship is still ongoing. In a recent Truth Social post, President Trump suggested pivoting to Congress to create new legislation limiting the practice. Though such a law would be difficult to pass, his efforts demonstrate the volatility of birthright citizenship’s security.