The United States Supreme Court indicated on Wednesday (1st) that it should uphold the right to citizenship by birth in the country. A majority of the justices expressed skepticism regarding President Donald Trump's executive order that attempts to end this constitutional guarantee.
the decree It was signed on January 20, 2025.On the first day of Trump's second term, the measure aims to prevent children of undocumented immigrants or those with temporary visas from receiving American citizenship upon being born on U.S. soil.
The 14th Amendment to the Constitution, ratified in 1868, establishes that every person born in the United States and subject to its jurisdiction is a citizen of the country. The Trump administration argues that the rule should not apply to children of temporary visitors or illegal immigrants.
Historical precedents in the court
The debate focused on the Wong Kim Ark case of 1898. At the time, the Supreme Court granted citizenship to a son of Chinese immigrants born in San Francisco. Government lawyers argue that this case does not apply to the current situation because it involves permanent residents.
However, judges such as Neil Gorsuch and Elena Kagan questioned this interpretation. Kagan highlighted that the amendment accepted the tradition of citizenship by birth without limitations. Meanwhile, Chief Justice John Roberts countered arguments about the impact of birth tourism.
Policy and legal arguments
Judge Brett Kavanaugh stated that the court must interpret American law based on United States history and precedents. He downplayed the government's argument that other countries do not adopt citizenship by birth, classifying it as a matter of policy, not law.
Judge Sonia Sotomayor expressed concern about the implications of a ruling in favor of the government. She mentioned the risk of retroactive measures that could affect people who already hold American citizenship.
The court is expected to release its final decision on the Trump v. Barbara case between the end of June and the beginning of July 2026. To date, all lower courts have suspended the execution of the presidential decree, deeming it unconstitutional.
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