Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American man - nbcnews.com

NBC News
March 29, 2026
3 min read

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The Bottom Line

President Trump is pursuing limits on birthright citizenship using an 1884 Supreme Court ruling that denied Native American citizenship.

How This Affects You

Changes to birthright citizenship could affect citizenship status of children born to non-citizen parents in the U.S., potentially creating stateless individuals or requiring renunciation of automatic citizenship claims.

AI Summary

President Trump is pursuing limits on birthright citizenship by citing an 1884 Supreme Court ruling, United States v. Elk, that denied citizenship rights to Native Americans. The case involved a Native American man who attempted to vote and was rejected on the grounds that he was not a U.S. citizen, establishing a legal precedent that some groups could be born in the country but excluded from automatic citizenship. Trump's invocation of this ruling suggests an attempt to narrow the scope of the 14th Amendment's citizenship clause, which currently grants citizenship to nearly all people born on U.S. soil. The strategy relies on historical case law that many legal scholars view as inconsistent with modern constitutional interpretation and civil rights law. How the administration moves forward—whether through executive action, legislation, or litigation—will determine whether this approach gains legal traction.

What's Being Done

The administration is considering executive action, legislation, or litigation to narrow the 14th Amendment's citizenship clause.

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