The justices will consider whether Trump’s order excluding children of illegal immigrants from birthright citizenship violates the 14th Amendment.
The Supreme Court is set to consider a landmark case challenging President Donald Trump’s bid to limit birthright citizenship.
The case, known as Trump v. Barbara, is set for oral argument on April 1.
Upon entering office, Trump signed an order barring the children of illegal immigrants born in the United States from securing citizenship. It also applies to mothers on temporary U.S. visas who give birth in the country.
The order has been blocked by local courts pending the high court’s decision.
The justices are expected to wrestle with the meaning of the citizenship clause of the 14th Amendment. That part of the amendment reads, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
What Does ‘Subject to the Jurisdiction Thereof’ Mean?
Much of the debate has focused on these five words from the amendment: “subject to the jurisdiction thereof.”
The wording of the 14th Amendment indicates that merely being born within U.S. borders is not enough for citizenship. That’s partially why the Supreme Court, in a 19th-century decision, said the children of foreign diplomats and those born in Native American territory do not receive citizenship.
One of the main questions before the Supreme Court is why and how these groups of people might differ from the children of illegal immigrants.
The U.S. Constitution applies to U.S citizens only. That is the bottom line.