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Supreme Court birthright citizenship decision coming Friday
(NewsNation) — The Supreme Court on Friday will issue its decision in a high-stakes case tied to one of President Donald Trump’s controversial policies: ending birthright citizenship for children born in the United States to undocumented immigrants.At the center of the case is the 14th Amendment and the question of whether birthright citizenship is enshrined in the Constitution.
Judges from across the political spectrum largely agree that the Constitution protects this right. However, Trump’s executive order, currently blocked by lower courts, seeks to deny that protection, and the White House wants the Supreme Court to reverse those rulings.
White House officials want to revise U.S. citizenship rules that have been in place for more than 125 years, arguing the change would help address illegal immigration.
“It is this administration’s policy to deport illegal alien families together, ensuring family unity,” senior White House adviser Stephen Miller wrote on social media. “Ending birthright citizenship will contribute greatly to that goal.”
The 14th Amendment 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.”
Michael Wildes, an immigration lawyer, told NewsNation the case is not only about legal interpretation, but also about process and precedent.
“This whole notion of anchor babies and the negative impression that the president is giving birthright citizenship is going to be met by the courts, and I believe he’s not going to succeed,” he said. “The Supreme Court of the United States and all the courts in the federal, state and even local systems interpret laws the president enforces and Congress makes. If you want to change the law, if you want to make a law, you’ve got to go to Congress.”
Comment:
The original intent of the 14th Amendment birthright citizenship clause was to protect the citizenship of the children of the emancipated Slaves.
It also guarantees the citizenship of the children of all American citizens.
It was never intended for the children of foreign citizens.
At least one parent must be an American citizen.
Foreign citizens are not "subject to the jurisdiction thereof".
However I have little hope that the Supreme Court will rule in favor of the original intent of the birthright citizenship clause because it would cause immense social turmoil.