Given the conservative majority on the supreme court, it’s not a certainty that the right will remain in place

Summary

Donald Trump’s pledge to end birthright citizenship faces major legal barriers, but experts say it’s slightly more conceivable now due to the conservative Supreme Court majority.

The 14th Amendment guarantees citizenship to anyone born in the U.S., and scholars argue Trump’s proposed executive action would likely be struck down.

Conservatives claim the amendment’s “jurisdiction” clause could exclude children of undocumented immigrants, though most experts disagree.

Ending birthright citizenship would require a constitutional amendment, an unlikely feat, and scholars warn it could revive caste-like inequality in the U.S.

  • yesman@lemmy.world
    22·
    8 days ago

    It’s wild to see mainstream journalists openly admitting that it doesn’t matter what the Constitution says.

    • Jesus@lemmy.world
      8·
      8 days ago

      The article says that the language in the constitution is for birthright citizenship, but the conservatives will try to make some sort of stupid nuanced argument to create a loophole that kick kids of undocumented immigrants out of the country.

      But if Trump were to try to use executive action to eliminate birthright citizenship, courts would probably strike it down because of language contained in the 14th amendment, according to scholars.

      Still, given the conservative majority on the supreme court – and fact that one of the people considered a candidate for the court has argued that the provision does not apply to children of “invading aliens” – it’s not a certainty that birthright citizenship will remain in place, said Amanda Frost, a University of Virginia law professor and expert in immigration and citizenship law.