The ongoing legal battle surrounding President Donald Trump's controversial executive order to end birthright citizenship in the United States has entered a crucial phase. Although the Supreme Court issued a decision that marks a tactical victory for the Republican administration, it has yet to rule on the legality of the proposal. For now, the order remains blocked, and its fate will hinge on developments in lower courts over the coming weeks.
Issued last Friday, the Supreme Court's ruling did not address whether Trump's order is constitutional. Instead, it restricted the authority of district judges to issue nationwide injunctions, signaling a significant shift in how federal policies have been challenged in the past. This change in jurisprudence has been hailed by the Trump administration as a necessary check on judicial power and a victory against what it views as judicial overreach obstructing its immigration policies.
What's Next for Birthright Citizenship?
The cases related to the executive order have been returned to lower courts, which must now reinterpret and adjust their decisions in light of the Supreme Court's new criteria. In the meantime, Trump's order remains blocked for at least 30 days.
In response to the ruling, immigrant advocacy groups swiftly filed new class action lawsuits in Maryland and New Hampshire, hoping to halt the order's implementation through legal avenues that might have nationwide impact. However, this path is fraught with challenges: class actions face numerous hurdles, and recent judicial history shows that securing a ruling with national reach is increasingly difficult.
"Birthright citizenship has been a constitutional right for over a century," emphasized Krish O'Mara Vignarajah, CEO of Global Refuge, an organization supporting migrants and refugees. "By denying lower courts the ability to uniformly enforce that right, the Court has fostered chaos, inequality, and fear," she added.
The Implications of Trump's Executive Order
Signed in January this year, the executive order seeks to deny American citizenship to babies born in the U.S. to parents who are in the country illegally or temporarily. This measure is part of Trump's hardline immigration stance, arguing that birthright citizenship serves as a "magnet" for illegal immigration.
Trump and his supporters base their argument on a specific interpretation of the phrase "subject to its jurisdiction" from the 14th Amendment of the Constitution. They maintain that this wording allows for denying citizenship to children born to individuals without legal status in the country. However, numerous federal judges have rejected this interpretation.
In Seattle, District Judge John Coughenour labeled the order as "flagrantly unconstitutional," while Deborah Boardman in Maryland stated that "no court in the country has ever supported" such a reading of the Constitution.
The Origins and Future of Birthright Citizenship
Birthright citizenship is a principle enshrined in the 14th Amendment of the United States Constitution, ratified in 1868 following the Civil War. It was designed to ensure citizenship for Black individuals, including those who had been enslaved. The relevant clause states that "all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States."
This right was reinforced in 1898 by a Supreme Court ruling in the case of Wong Kim Ark, a man born in San Francisco to Chinese parents. Upon returning to the U.S. after a trip, he was denied entry, leading to a landmark decision affirming that anyone born on U.S. soil is a citizen, regardless of their parents' immigration status. Since then, this principle has been considered a fundamental part of the American legal system, with few exceptions, such as children of foreign diplomats.
Currently, the future of birthright citizenship, as understood for over 150 years, lies in the hands of lower court judges and, eventually, the Supreme Court. Although Trump's order is not in effect, his attempt to reinterpret a historic constitutional amendment continues to spark intense legal and political debate that could have deep ramifications for millions of people born on American soil.
The elimination of jus soli in the United States would directly affect children of undocumented immigrants, including hundreds of Cuban families who have turned to American soil as a refuge from political repression and economic hardship under the Cuban regime. The measure could leave thousands of minors in a legal limbo, without automatic citizenship or associated rights such as healthcare, education, or legal protection.
Countries Recognizing Birthright Citizenship
Jus soli is not universal. Although widely adopted in the Americas in past centuries, today only a minority of countries uphold this principle without restrictions.
Countries that recognize unconditional birthright citizenship include:
Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Nicaragua, Pakistan, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia, Trinidad and Tobago, United States, Uruguay, and Venezuela.
In Europe, most countries do not automatically grant citizenship by birth; instead, they apply jus sanguinis (right of blood), meaning nationality is inherited from the parents, not determined by birthplace.
Key Questions About Birthright Citizenship in the U.S.
What does the Supreme Court's ruling mean for birthright citizenship?
The Supreme Court's ruling did not decide on the constitutionality of Trump's order. Instead, it limited the power of district judges to issue nationwide injunctions, affecting how federal policies are challenged.
What are the implications of ending birthright citizenship in the U.S.?
Ending birthright citizenship could leave children of undocumented immigrants without automatic citizenship, impacting their access to healthcare, education, and legal rights.
How is birthright citizenship currently protected in the U.S. Constitution?
Birthright citizenship is protected under the 14th Amendment, which guarantees citizenship to all persons born or naturalized in the U.S. and subject to its jurisdiction.