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President Trump claims that there is no automatic guarantee of birthright citizenship in the Constitution.
But, will that claim hold up in court?
The Fourteenth Amendment to the Constitution, enacted after the Civil War, was intended to overturn the Supreme Court’s infamous Dred Scott decision, a decision that declared black people, whether slave or free, could not be citizens of the United States. The amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Challenges to birthright citizenship have long been considered a fringe legal theory. This is because the Supreme Court had ruled to the contrary 127 years ago. Additionally, as if to put icing on the cake, in 1940 Congress passed a statute codifying birthright citizenship for any child born in the U.S. However, Trump has long said that the Constitution does not guarantee birthright citizenship.
So, on the first day of his second presidential term, he issued an executive order barring automatic citizenship for any child born in the US whose parents came to the country illegally, or who were here legally but on a temporary visa. Now the matter has gone to the Supreme Court where its historic decision will definitely come.
