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Post by : Meena Ariff
U.S. President Donald Trump has said that birthright citizenship was originally intended for the children of slaves, not as a tool for wealthy immigrants to secure citizenship for their entire family. His remarks come shortly after the U.S. Supreme Court agreed to review the long-standing debate over birthright citizenship.
Speaking to a U.S. media outlet, Trump defended his executive order aimed at limiting birthright citizenship and said a loss in the Supreme Court would be “devastating.” He highlighted that the 14th Amendment’s Citizenship Clause, ratified after the Civil War, was designed to protect formerly enslaved people.
“The case is very interesting because that case was meant for the babies of slaves. If you look at the dates on the case, it was exactly having to do with the Civil War. That case was not meant for some rich person coming from another country… and all of a sudden their whole family becomes United States citizens,” Trump said.
In January 2025, Trump issued an executive order removing automatic citizenship from children born in the U.S. to parents who are in the country illegally or temporarily. The order does not apply retroactively and faced immediate legal challenges, with several federal courts temporarily blocking its implementation.
In June, the Supreme Court ruled that federal district courts cannot issue broad nationwide injunctions to block the order. On December 5, the Court agreed to hear the case directly. A ruling is expected next summer.
Birthright citizenship is derived from the 14th Amendment, which states that all persons born in the United States and “subject to the jurisdiction thereof” are citizens. The Immigration and Nationality Act of 1952 contains similar language. The current legal battle will focus on how the term “subject to the jurisdiction” is interpreted and whether children of undocumented immigrants or temporary visitors fall under it.
Trump has also voiced concerns over “birth tourism,” in which foreign nationals travel to the U.S. to give birth and confer citizenship on their children. According to the Department of Homeland Security, there were roughly 11 million undocumented immigrants in the U.S. in January 2022, a figure now estimated at 13 to 14 million. Their U.S.-born children are considered citizens under current law.
“When that happened, that was meant for the babies of slaves… people now are starting to understand that,” Trump said, emphasizing his view that birthright citizenship is being misapplied in modern times.
The Supreme Court’s upcoming decision is likely to have significant implications for U.S. immigration policy and the interpretation of the 14th Amendment.
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