The US Supreme Court has delivered a significant blow to former President Donald Trump's anti-immigration agenda by reaffirming the long-held principle of birthright citizenship. In a landmark ruling, the court upheld the 14th Amendment's established understanding, guaranteeing that nearly all individuals born on US soil are automatically citizens. This decision marks a major victory for immigration advocates and those who have fought to protect the rights of the estimated hundreds of thousands of children born in the US annually to parents who may not be lawfully present.
The ruling comes after Trump's executive order, issued on his second term's first day, sought to redefine the constitutional provision granting citizenship. The administration had argued that the phrase "subject to the jurisdiction thereof" meant those babies born to non-citizens or those with temporary legal status should not automatically be granted citizenship. However, this reinterpretation faced stiff opposition from various groups, including Democratic state attorneys general and the American Civil Liberties Union (ACLU).
The oral arguments in April for the case Trump v Barbara, a class-action challenge brought by parents whose children would be impacted, highlighted the significance of birthright citizenship. Cecillia Wang, representing the ACLU, argued that the broad understanding of this principle is deeply ingrained in American society and law, providing a "fixed bright line rule" crucial for the nation's growth and stability. This stance was echoed by liberal Justice Elena Kagan during oral arguments, who expressed concerns about the administration's reliance on "pretty obscure sources."
The 14th Amendment, adopted in 1868 following the US Civil War, was specifically designed to reverse the 1857 Dred Scott decision, which had denied Black people US citizenship. It codified the rights of Black Americans and explicitly conferred citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The justices expressed skepticism during oral arguments about the administration's argument, presented by Solicitor General D. John Sauer, that those unlawfully or temporarily present lacked allegiance to the country – a concept not present in the 14th Amendment itself.
Chief Justice John Roberts' description of part of the government's argument as "very quirky" and Justice Kagan's observations foreshadowed the court's ultimate decision. The ruling has significant implications for British families with connections to the US, particularly those whose children may have been born in the country. It also reinforces the UK's own long-held stance on birthright citizenship, where babies born in England, Scotland, Wales or Northern Ireland are automatically granted British nationality.