Supreme Court to Review Birthright Citizenship
The Supreme Court has announced it will hear a case that could change who gets birthright citizenship in the United States. The main question is whether children born in the U.S. to mothers who came into the country illegally while pregnant are guaranteed automatic citizenship under the 14th Amendment.
Texas Challenges Current Policy
This case comes from a challenge by the state of Texas. Texas believes that the way the Citizenship Clause in the 14th Amendment has been interpreted is too broad. Texas argues that children born to mothers who cross into the U.S. illegally just to give birth should not automatically become U.S. citizens.
The 14th Amendment's Wording
The 14th Amendment says that citizenship is given to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” For over a hundred years, courts have said this means almost every child born on U.S. soil is a citizen, no matter what their parents’ immigration status is.
Views on Birthright Citizenship
People who support the current interpretation say birthright citizenship is important to American law and helps protect against discrimination. “Birthright citizenship is a fundamental part of our national identity and legal tradition,” said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund. “Any attempt to undermine it would have far-reaching consequences.”
Those who are against birthright citizenship as it stands, including Texas officials, say the policy leads to “birth tourism” and is a strain on state resources. “We cannot continue to reward those who break our laws with the greatest gift our nation can offer: citizenship,” said Texas Attorney General Ken Paxton in a statement.
No Previous Supreme Court Ruling on This Issue
The Supreme Court has never made a direct ruling on whether children of undocumented immigrants have the right to citizenship. The only major decision the court made on this topic was in 1898. Back then, the court decided that a child born in San Francisco to Chinese parents who were not U.S. citizens was still considered a citizen by birth.
Possible National Impact
Legal scholars say this case could have a large effect on many people in the United States. “If the court sides with Texas, it would mark a dramatic departure from more than a century of precedent,” said immigration law professor Hiroshi Motomura. “It could affect millions of people who have always considered themselves Americans.”
When the Case Will Be Argued
The Supreme Court is expected to hear arguments in the fall. A decision is likely to be reached by next summer.