Politics

/

ArcaMax

Supreme Court will hear Trump's plan to restrict birthright citizenship

David G. Savage, Los Angeles Times on

Published in Political News

WASHINGTON — President Donald Trump's plan to end birthright citizenship for newborns whose parents are here illegally or temporarily will get a full hearing before the Supreme Court.

The justices agreed Friday to hear arguments on Trump's proposal after judges across the nation had declared it unconstitutional and blocked it from taking effect.

Trump's lawyers contended the government had been misreading the 14th Amendment for at least a century.

He proposed a change because "the President recognized that automatic citizenship for children of illegal aliens operates as a powerful incentive for illegal migration," they told the court.

"Not only do such children automatically become full citizens, but their citizenship is often promptly asserted to impede the removal of their illegal-alien parents," argued Solicitor Gen. J. Dean Sauer.

The 14th Amendment of 1868 begins with the words, "All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the state wherein they reside."

The amendment formally overturned the Dred Scott decision in which the court had said that free Black people were not citizens.

The key phrase "subject to the jurisdiction thereof" has been understood to mean "subject to the laws" of the United States," and that includes nearly everyone here except foreign diplomats.

But Trump's lawyers argued that the phrase was understood in 1868 to refer more narrowly to persons who had a political allegiance to the United States, rather than to a foreign country.

 

Based on that understanding, Trump's lawyer contended the "Citizenship Clause was adopted to grant citizenship to freed slaves and their children, not to the children of illegal aliens, birth tourists, and temporary visitors."

He said "near-automatic citizenship has spawned an industry of modern 'birth tourism,' by which foreigners travel to the United States solely for the purpose of giving birth here and obtaining citizenship for their children."

In rejecting Trump's proposal, lawyers and judges have pointed to the Supreme Court's 1898 ruling in favor of Wong Kim Ark. He was born in San Francisco to Chinese parents and later had his citizenship confirmed by the court.

"No president can change the 14th Amendment's fundamental promise of citizenship," said Cecillia Wang, ACLU national legal director. "For over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth. ... We look forward to putting this issue to rest once and for all in the Supreme Court this term."

Trump's lawyers waved aside that precedent by arguing that Wong Kim Ark's parents were "permanently domiciled" in California. He said the court's opinion repeatedly referred to that fact, suggesting that birthright citizenship was limited to parents who were legal residents, not those who were here illegally or temporarily.

The court will likely hear arguments in the case of Trump v. Barbara in March and issue a ruling by late June.

If the court were to uphold Trump's proposal, it would operate "on a prospective basis only," Sauer said.

It would deny citizenship to babies whose mother or father is neither a citizen nor "lawful permanent resident," and it would exclude children of mothers who were "visiting on a student, work or tourist visa."


©2025 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Scott Stantis Bart van Leeuwen Dana Summers Michael de Adder Bob Englehart Ratt