Upending US birthright citizenship would have drastic negative impact, defenders warn

The Supreme Court heard a lawsuit this period centered connected President Donald Trump's enforcement bid seeking to extremity alleged birthright citizenship, successful 1 of the astir intimately watched and perchance impactful cases heard by the tribunal successful caller years.  

Though the lawsuit itself was utilized mostly arsenic a means of challenging little tribunal powers to contented alleged cosmopolitan oregon nationwide injunctions, justices connected the precocious tribunal did inquire about the merits of the bid itself, "Protecting the Meaning and Value of American Citizenship," which Trump signed connected the archetypal time of his 2nd White House term.

The order, which was slated to instrumentality unit Feb. 20, directed each U.S. agencies to halt issuing citizenship documents to children calved to amerciable immigrants oregon children calved to mothers surviving successful the state connected a impermanent visa, if the begetter is not a imperishable nonmigratory oregon U.S. citizen.

Despite the Supreme Court’s absorption connected cosmopolitan injunctions successful proceeding the case, heavy and unyielding concerns persist astir Trump’s effort to undo much than 100 years of ineligible precedent. 

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U.S. President Donald Trump shakes hands with U.S. Supreme Court Chief Justice John Roberts (R) arsenic Melania Trump, Donald Trump Jr. and Ivanka Trump look connected aft being sworn successful during inauguration ceremonies successful the Rotunda of the U.S. Capitol connected January 20, 2025, successful Washington, D.C. Chip Somodevilla/Pool via Reuters/File Photo (Reuters)

The ACLU included successful its lawsuit the communicative of 1 mates from Indonesia but surviving successful New Hampshire whom they said would beryllium affected by the order.

"They arrived successful 2023, applied for asylum, and their exertion awaits review," ACLU attorneys said of the couple. "The mom-to-be is successful her 3rd trimester. 

"Under this enforcement order, their babe would beryllium considered an undocumented noncitizen and could beryllium denied basal wellness attraction and nutrition, putting the newborn astatine sedate hazard astatine specified a susceptible signifier of life," they added.

And specified problems would persist passim their lives, lawyers for the radical noted. These persons would not beryllium capable to get indispensable identification, specified arsenic drivers' licenses, and would not beryllium capable to vote, clasp immoderate jobs oregon service connected juries.

Though Trump had spoken successful item successful his archetypal word and connected the run way astir wanting to extremity birthright citizenship, his enforcement bid sent shockwaves done the nation. It was met by a question of lawsuits from Democrat-led states and immigrants’ rights groups. 

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Demonstrators clasp up signs during a "Hands Off!" protestation against President Donald Trump astatine the Washington Monument successful Washington, Saturday, April 5, 2025.  (AP Photo/Jose Luis Magana)

One lawsuit, brought by 18 Democratic attorneys general, warned that ending birthright citizenship would portion hundreds of thousands of U.S.-born children of their citizenship arsenic the effect of a condition wholly extracurricular a child’s control.

Statistics besides carnivore this out. Roughly 150,000 children are calved annually successful the U.S. to parents of noncitizens.  If the bid were to instrumentality unit arsenic Trump envisioned, experts warned the interaction would beryllium catastrophic.

​​"President Trump's effort to unilaterally extremity birthright citizenship is simply a flagrant usurpation of our Constitution," New Jersey Attorney General Matthew Platkin, who joined 17 different Democrat-led states successful suing to artifact the order, said earlier this year.

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The U.S. Supreme Court is astatine the halfway of caller statement implicit the mentation of a halfway clause of the Fourteenth Amendment. (Drew Angerer/Getty Images)

"For much than 150 years, our state has followed the aforesaid basal rule: Babies who are calved successful this state are American citizens," Platkin added.

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More than 22 U.S. states and immigrants' rights groups sued the Trump medication to artifact the alteration to birthright citizenship anterior to the Supreme Court's determination to instrumentality up the case, arguing successful tribunal filings that the enforcement bid is some unconstitutional and "unprecedented."

To date, nary tribunal has sided with the Trump medication successful upholding the enforcement order.