Supreme Court Prepares to Wade Into Birthright Citizenship Debate
3 minute readPublished: Wednesday, May 14, 2025 at 8:49 pm
Supreme Court to Hear Arguments on Trump's Birthright Citizenship Plan
The Supreme Court is set to hear oral arguments this Thursday regarding the power of lower courts to block President Donald Trump's plan to alter birthright citizenship. While the court won't directly rule on the core issue of whether being born in the U.S. automatically grants citizenship, the hearing could significantly impact Trump's agenda.
Trump's executive order, issued shortly after he left office, aimed to limit birthright citizenship to those with legal permanent residence, excluding those on temporary visas or without documentation. This order has sparked multiple lawsuits, with the Supreme Court consolidating three cases from Massachusetts, Maryland, and Washington for this week's hearing.
The central debate revolves around the interpretation of the 14th Amendment, specifically the phrase "subject to the jurisdiction thereof." Supporters of Trump's plan, like John Eastman of the Claremont Institute, argue this phrase implies citizenship should only be granted to those whose parents have some allegiance to the U.S. Opponents, including Democratic lawmakers, argue that the 14th Amendment guarantees citizenship to all born in the U.S. and that overturning this precedent would be unconstitutional.
The hearing also touches on the potential consequences of ending birthright citizenship. The Migration Policy Institute suggests that ending birthright could actually *increase* the undocumented population, creating a multigenerational underclass. Conversely, proponents believe it could deter some immigrants from coming to the U.S. to give birth.
The court's decision will likely focus on whether lower courts can issue nationwide injunctions against the executive order, not the legality of birthright citizenship itself. However, the arguments presented will undoubtedly shape the future of this long-standing legal principle.
BNN's Perspective: This case highlights the complex and often divisive nature of immigration policy. While the debate over birthright citizenship involves legal interpretations, it also carries significant social and economic implications. A moderate approach would consider both the potential benefits of clarifying citizenship rules and the potential negative consequences of disrupting established precedents and creating uncertainty for families.
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