{"id":84992,"date":"2025-12-07T12:24:16","date_gmt":"2025-12-07T12:24:16","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/84992\/"},"modified":"2025-12-07T12:24:16","modified_gmt":"2025-12-07T12:24:16","slug":"supreme-court-will-hear-trumps-plan-to-restrict-birthright-citizenship","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/84992\/","title":{"rendered":"Supreme Court will hear Trump’s plan to restrict birthright citizenship"},"content":{"rendered":"\n

WASHINGTON\u00a0\u2014\u00a0President Trump\u2019s plan to end birthright citizenship<\/a> for newborns whose parents are here illegally or temporarily will get a full hearing before the Supreme Court.<\/p>\n

The justices agreed Friday to hear arguments on Trump\u2019s proposal after judges across the nation had declared it unconstitutional and blocked it from taking effect.<\/p>\n

Trump\u2019s lawyers contended the government had been misreading the 14th Amendment for more than a century.<\/p>\n

\u201cThe Citizenship Clause was adopted to grant citizenship to freed slaves and their children, not to the children of illegal aliens, birth tourists, and temporary visitors,\u201d Solicitor Gen. D. John Sauer wrote in his appeal<\/a>. <\/p>\n

Trump proposed a change, he said, because \u201cthe President recognized that automatic citizenship for children of illegal aliens operates as a powerful incentive for illegal migration.\u201d<\/p>\n

\u201cNot only do such children automatically become full citizens, but their citizenship is often promptly asserted to impede the removal of their illegal-alien parents,\u201d he argued.<\/p>\n

The 14th Amendment of 1868 begins with the words, \u201cAll persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the state wherein they reside.\u201d<\/p>\n

The amendment formally overturned the Dred Scott decision<\/a> in which the court had said that free Black people were not citizens. <\/p>\n

The key phrase \u201csubject to the jurisdiction thereof\u201d has been understood to mean \u201csubject to the laws of the United States,\u201d and that includes nearly everyone here except foreign diplomats.<\/p>\n

But Trump\u2019s lawyers argued that the phrase was understood in 1868 to refer more narrowly to persons who had a political allegiance to the United States, rather than to a foreign country. <\/p>\n

He said \u201cnear-automatic citizenship has spawned an industry of modern \u2018birth tourism,\u2019 by which foreigners travel to the United States solely for the purpose of giving birth here and obtaining citizenship for their children.\u201d<\/p>\n

The American Civil Liberties Union filed a nationwide class-action suit to block Trump\u2019s executive order. <\/p>\n

\u201cNo president can change the 14th Amendment\u2019s fundamental promise of citizenship,\u201d said Cecillia Wang, the ACLU\u2019s national legal director. \u201cFor over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth. … We look forward to putting this issue to rest once and for all in the Supreme Court this term.\u201d<\/p>\n

In rejecting Trump\u2019s proposal, lawyers and judges have pointed to the Supreme Court\u2019s 1898 ruling in favor of Wong Kim Ark<\/a>. He was born in San Francisco to Chinese parents and later had his citizenship confirmed by the court. <\/p>\n

Trump\u2019s lawyers waved aside that precedent by arguing that Wong Kim Ark\u2019s parents were \u201cpermanently domiciled\u201d in California. He said the court\u2019s opinion repeatedly referred to that fact, suggesting that birthright citizenship was limited to parents who were legal residents, not those who were here illegally or temporarily.<\/p>\n

The court will likely hear arguments in the case of Trump v. Barbara in March and issue a ruling by late June. <\/p>\n

Most legal experts have cast doubt on Trump\u2019s order because the clear words and history of the 14th Amendment promised birthright citizenship. <\/p>\n

It\u2019s not a surprise the justices will hear the appeal. The justices almost always agree to hear an appeal if the administration loses in the lower courts. <\/p>\n

If the Supreme Court were to uphold Trump\u2019s proposal, it would operate \u201con a prospective basis only,\u201d Sauer said. <\/p>\n

It would deny citizenship to babies whose mother or father is neither a citizen nor a \u201clawful permanent resident,\u201d and it would exclude children of mothers who were \u201cvisiting on a student, work or tourist visa.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"WASHINGTON\u00a0\u2014\u00a0President Trump\u2019s plan to end birthright citizenship for newborns whose parents are here illegally or temporarily will get…\n","protected":false},"author":2,"featured_media":84993,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[47958,47956,47960,47642,3409,47957,47959,16047,48,52,51,1429,47,50,49,7087,3230,4975,2214,1519,435],"class_list":{"0":"post-84992","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-los-angeles","8":"tag-14th-amendment","9":"tag-automatic-citizenship","10":"tag-birth-tourism","11":"tag-birthright-citizenship","12":"tag-child","13":"tag-full-citizen","14":"tag-illegal-alien","15":"tag-judge","16":"tag-la","17":"tag-la-headlines","18":"tag-la-news","19":"tag-lawyer","20":"tag-los-angeles","21":"tag-los-angeles-headlines","22":"tag-los-angeles-news","23":"tag-parent","24":"tag-plan","25":"tag-proposal","26":"tag-supreme-court","27":"tag-trump","28":"tag-united-states"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/84992","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=84992"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/84992\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/84993"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=84992"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=84992"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=84992"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}