Interpreting Birthright Citizenship: Trump v. Barbara and the 14th Amendment
The U.S. Supreme Court is set to hear arguments in a case regarding birthright citizenship in the United States. The case, Trump v. Barbara, revolves around an executive order issued by President Donald Trump in 2025 that restricts birthright citizenship for children born in the U.S. to parents who are either illegally present or temporary residents. This case will focus on interpreting the 14th Amendment, which granted citizenship and voting rights to freed African Americans post-Civil War and has since been crucial in shaping immigration law in the country.
Legal experts suggest that the phrase "subject to the jurisdiction thereof" in the 14th Amendment goes beyond mere physical presence in the U.S. According to law professor Ilan Wurman, the English common law, which influenced the U.S. founding documents, should only protect immigrants authorized to be in the country by a sovereign leader. The Supreme Court justices will also need to consider past rulings, such as U.S. v. Wong Kim Ark, where the court recognized a child born to Chinese parents as a U.S. citizen under the 14th Amendment.
The decision in Wong Kim Ark established exceptions to automatic U.S. citizenship for certain individuals born in the country, including children of diplomats, children of invading armies, and children of American Indians. Advocates for extending birthright citizenship to all individuals born in the U.S. have cited historical precedent and the potential for confusion if states were to adopt varying citizenship policies. The Supreme Court is scheduled to hear arguments in the case and is anticipated to reach a verdict by June.