US Supreme Court Set To Hear Trump's Bid To End Birthright Citizenship

(MENAFN- Live Mint) The justices at the US Supreme Court will hear oral arguments beginning Wednesday (April 1) on President Donald Trump's attempt to limit birthright citizenship, a move that could reshape immigration law and affect millions of families across the United States.

A final ruling is expected within three months. Until then, the policy remains on hold.

Trump's Executive Order

At the heart of the case is Executive Order, titled“Protecting the Meaning and Value of American Citizenship.” The order seeks to deny automatic citizenship to children born in the US to undocumented immigrants or parents on temporary visas after February 19, 2025.

“The privilege of United States citizenship is a priceless and profound gift,” the order states.“But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”

The administration argues that current interpretations of the Fourteenth Amendment are flawed and have led to what it calls“destructive consequences.”

US Solicitor General John Sauer said lower courts relied on a“mistaken view” that undermines border security.

“Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people,” Sauer said.

Critics call move 'unconstitutional'

Opponents, including the American Civil Liberties Union, argue the order violates long-standing legal precedent and constitutional protections.

“The federal courts have unanimously held that President Trump's executive order is contrary to the Constitution,” said ACLU legal director Cecillia Wang.“We look forward to putting this issue to rest once and for all.”

Legal experts warn the move could affect around 150,000 children born annually to noncitizen parents, along with millions already living in the US.

Amanda Frost of the University of Virginia cautioned that the policy could create widespread uncertainty.

“That child is born a noncitizen... denied all the benefits and privileges of citizenship and theoretically deportable on day one of their life,” she said.

Debate over constitutional meaning

The case hinges on the interpretation of a key phrase in the Fourteenth Amendment:“subject to the jurisdiction thereof.”

The Trump administration argues this allows the government to deny citizenship to children of undocumented immigrants. However, critics say a landmark 1898 ruling in United States v. Wong Kim Ark already settled the issue.

In that case, the court ruled that a child born in the US to foreign parents is a citizen, establishing the foundation of modern birthright citizenship.

Justice Sonia Sotomayor has previously criticised the administration's stance, saying it“makes no sense whatsoever” and could leave children stateless.

Practical and legal challenges

Several justices have raised concerns about how the policy would work in practice.

Justice Brett Kavanaugh questioned how hospitals and states would determine a newborn's citizenship status.

“What do hospitals do with a newborn? What do states do with a newborn?” he asked during earlier proceedings.

The administration maintains that federal agencies would simply reject documents that incorrectly assign citizenship.

Immigration policy

The case is part of a broader set of legal battles over Trump's second-term policies, including immigration enforcement and federal authority.

Supporters of the order argue it would curb abuses such as“birth tourism,” while critics warn it could create a fragmented system of citizenship rights across states.

With the court's decision expected in the coming months, the outcome could redefine the meaning of American citizenship and set a precedent for generations to come.

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