Trump attempted to end the constitutionally enshrined right mere hours after he was sworn into office in January by signing an executive order stating that children born to immigrants on temporary visas or who are in the country illegally should not be entitled to birthright status. In the case the Supreme Court has agreed to hear, which stems from qualms in New Hampshire, the Trump administration argues that language included in the amendment—specifically, “subject to the jurisdiction of”—requires applicable children to not only be present in the country at the time of the birth but also to confer their allegiance to the United States. “Long after the Clause’s adoption, the mistaken view that birth on U.S. territory confers citizenship on anyone subject to the regulatory reach of U.S. law became pervasive, with destructive consequences,” Solicitor General D. John Sauer wrote in legal arguments on behalf of the administration.
Author: Robert McCoy
Published at: 2025-12-06 23:06:16
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