The five words fueling Trump's birthright citizenship fight
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The Bottom Line
The legal battle over Trump's executive order restricting birthright citizenship hinges on how courts interpret five words in the 14th Amendment.
How This Affects You
If birthright citizenship is eliminated or restricted, millions of children born to undocumented immigrants or visa holders could be denied automatic U.S. citizenship and its associated rights.
AI Summary
President Trump's executive order restricting birthright citizenship hinges on a Supreme Court dispute over five words in the 14th Amendment—"subject to the jurisdiction thereof"—with the administration arguing the phrase requires "lawful domicile" while the ACLU contends it applies to nearly all children born on U.S. soil except diplomats' offspring. Solicitor General D. John Sauer told the justices that political jurisdiction or allegiance determines citizenship, but Chief Justice John Roberts called his supporting examples "very quirky" and expressed skepticism shared across the ideological spectrum during Wednesday's oral arguments. If the Court sides with Trump, children of H-1B visa holders and those with temporary protected status would lose automatic citizenship, overturning more than a century of legal precedent. No lower court has yet ruled in the administration's favor on birthright citizenship cases, according to Todd Schulte of immigration advocacy group FWD.us, though the administration argues the order is necessary for national security in modern times. The Supreme Court's decision will determine whether the landmark 19th-century Wong Kim Ark precedent protecting birthright citizenship remains the law.
What's Being Done
The Supreme Court is deciding the case, with a ruling expected by June 2026.
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Trump attends birthright citizenship hearing at Supreme Court in historic first

Does Trump get to redefine who is a US citizen? The supreme court must decide
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On April 1, the Supreme Court will hear arguments on one of the most consequential immigration cases in decades. At issue is whether President Trump’s executive order restricting birthright citizenship can stand. The stakes could not be higher. If the court sides with Trump, the damage will ripple far beyond undocumented immigrants. It will affect legal visa…
PoliticsIn their words: What judges have said about birthright citizenship - apnews.com
<a href="https://news.google.com/rss/articles/CBMivgFBVV95cUxQamFmV0tUU2p0eGRObzdRNlc3VVNjRXBJdlFwRERsbjRackRHbkIxbFRCanlyMzBjYUhHam12VWplajRLMGxfOVF4MEo2bEZQWnUtMlZsTGU2VjVoQ2ZuTFotSnNVUDY0aTRUeHBCS3EySjlmVUJmWmpSanFiNTRlNXduSDdiWFIyVU1Zd2g5R3pDbTdwMC1rMlB2ZWlsVE9odnBlRE5pc1NLQTJEdnB4WFA1Ym1IU1VQNWVxN1B3?oc=5" target="_blank">In their words: What judges have said about birthright citizenship</a> <font color="#6f6f6f">AP News</font>
Civil RightsIn Supreme Court fight over birthright citizenship, a great-grandson hears echoes of 1898 - Reuters
<a href="https://news.google.com/rss/articles/CBMiwwFBVV95cUxQa1BRbnZXSXhWZ1o3SVU4eEdNRktQMnBxLWMxSDQ3ekNwNFlfeHFEZllleVFhZHZGTmdlRFVoZVpzbzNlSnJuZ2o4S2lPUTlDdHRISFRlbjNBOU5BSlAzbFNjT0dwa05WVEltZy1WOHpybXV0OVI1cGpvMlRoY3VfeWdpYkhWUEtGX3RpVVJ2RklMMTAzTEQwZm51YVdMQnJIUERsZmkyVlMzamU5dXYwS2J2a3FRV19xbGJpMklmYmdMR1U?oc=5" target="_blank">In Supreme Court fight over birthright citizenship, a great-grandson hears echoes of 1898</a> <font color="#6f6f6f">Reuters</font>
Civil RightsHow a SCOTUS decision on birthright citizenship could impact education access
All children, regardless of immigration status, have the right to a free K-12 public education. But without birthright citizenship, access to schools and colleges could get complicated.
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The president must confront a 1952 federal law, the possibility that millions will lose their citizenships, stateless foundlings and a fluid future.
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