Birthright Citizenship: What does 14th Amendment of US Constitution say, and all we know about upcoming US Supreme Court hearing against President Donald Trump’s order

The US Supreme Court is set to hear arguments on May 15 regarding Donald Trump’s executive order to limit birthright citizenship. This is the first major legal challenge to the constitutional right in decades.

US Supreme Court Hearing Time

The hearing begins at 2 p.m. ET. The court will decide if federal judges were correct in stopping Trump’s order before a final ruling. The order denies automatic citizenship to children born in the US unless one parent is a US citizen or a lawful permanent resident.

Judges earlier ruled that the policy is unconstitutional. They said Trump cannot apply the restriction until the legal process is complete. Trump’s policy is part of his immigration stance since returning to office.

What 14th Amendment says

The 14th Amendment was added to the US Constitution in 1868. It grants citizenship to people born in the US and gives them the same protections as other citizens. The key line states that all people born or naturalized in the US, and under its jurisdiction, are citizens.

Previous Court Rulings on Citizenship

In 1898, the US Supreme Court ruled on the case of Wong Kim Ark. He was born in San Francisco to Chinese immigrant parents. After a trip to China, he was denied reentry. The court ruled 6-2 that he was a US citizen.

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Trump’s Take

The Trump administration argues this ruling only applied to people whose parents lived in the US permanently. They say it does not cover people here on temporary visas or illegally.

Trump’s policy says that birthright citizenship should only apply to people born in the US to parents under full US legal jurisdiction. His team argues this does not include children of undocumented immigrants or those on short-term visas.

Decision to Affect Numerous People

An estimated 11 to 14 million undocumented immigrants were in the US by 2022. Their US-born children are considered citizens by the government. Trump has spoken against women traveling to the US to give birth for citizenship.

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Legal Challenges to Policy

Several lawsuits followed Trump’s order. They were filed by 22 Democratic state attorneys general and immigration groups. They argue the order violates the 14th Amendment.

New Jersey Attorney General Matthew Platkin told Reuters the amendment was created after the Civil War. He believes citizenship cannot change based on one person’s decision.

FAQs

What does the 14th Amendment say about birthright citizenship?
It says that anyone born in the US and under its legal authority is a citizen. This has been the standard since 1868.

Who is challenging Trump’s citizenship order?
Democratic state attorneys general and immigrant rights groups filed lawsuits. They say the order violates constitutional rights.