What judges have said about birthright citizenship
AP News • • general
Key Points:
- Federal courts have consistently blocked President Trump's executive order aimed at ending birthright citizenship for children born in the U.S. to parents in the country illegally or temporarily, citing likely violations of the 14th Amendment.
- The Supreme Court is reviewing the Trump administration's appeal against a New Hampshire federal judge's ruling that the order likely violates constitutional and federal law, with liberal justices expressing strong opposition to the order.
- The 1898 Supreme Court case United States v. Wong Kim Ark is a key precedent affirming birthright citizenship, ruling that children born on U.S. soil to non-citizen parents are citizens under the 14th Amendment.
- Lower federal courts have ruled that the executive order contradicts established legal interpretations, historical understanding, and Supreme Court precedent, emphasizing the constitutional guarantee of birthright citizenship.
- Judges have highlighted that denying citizenship to children born in the U.S. to unauthorized or temporary residents could render them stateless or undocumented, which conflicts with longstanding American legal principles and justice.
