The Legal Battle over Ending Birthright Citizenship
The Trump administration's executive order to end birthright citizenship for children of undocumented immigrants is facing legal challenges. A group of Democratic state attorneys general have sued the administration, arguing that the order is unconstitutional. The lawsuit argues that the 14th Amendment guarantees citizenship to all persons born in the United States, regardless of their parents' immigration status.
The Trump Administration's Argument
The Trump administration argues that the 14th Amendment does not apply to children of undocumented immigrants because they are not "subject to the jurisdiction thereof." The administration interprets this phrase to mean that children born to parents who are not legal residents of the United States are not subject to the laws and authority of the United States. Therefore, the administration argues, these children are not eligible for birthright citizenship.
The States' Argument
The states that are suing the Trump administration argue that the administration's interpretation of the 14th Amendment is incorrect. They argue that the phrase "subject to the jurisdiction thereof" simply means that children born in the United States are subject to the laws and authority of the United States, regardless of their parents' immigration status. Therefore, they argue, all children born in the United States are eligible for birthright citizenship.
The Legal Precedent
The Supreme Court has ruled on the issue of birthright citizenship several times. In 1898, the Court ruled in United States v. Wong Kim Ark that all persons born in the United States, regardless of their parents' immigration status, are citizens of the United States. This ruling has been upheld in subsequent Supreme Court decisions.
The Future of the Legal Battle
The legal battle over ending birthright citizenship is likely to continue for several years. The Supreme Court will ultimately decide the issue, and it is unclear how the Court will rule. However, the states that are suing the Trump administration are confident that they will prevail. They argue that the 14th Amendment is clear and that the Trump administration's interpretation of the amendment is incorrect.