Rempel-Garner: Canada must now place restrictions on birthright #citizenship. Here’s why.

Interesting that the Conservatives are raising birth tourism aspects of citizenship as part of their critique of Bill C-3)

…Today, there are millions of people living in Canada on temporary visas, comprising an astonishing 7%+ of the country’s population – a situation never before seen in Canadian history. Another estimated 500,000 undocumented persons are living in Canada too, as well as 300,000 people in the asylum claim queue (many with bogus claims). Many of the millions of temporary residents are set to have their visas expire, or have already expired.

In this context, it’s not much of a stretch to foresee that Canada’s practice of having no restrictions on jus soli citizenship acquisition is likely to be abused by people seeking to stay in the country after their visa expires or after a bogus asylum claim is found to be invalid. This is because while having a child on Canadian soil theoretically grants no immediate stay rights to parents who are temporary residents, in practice, court rulings, a deeply broken asylum system, protracted appeals, and sluggish deportationsfunctionally often allow them to remain.

Recent videos on social media advertising this loophole suggest this may be the case. The number of people born in Canada to temporary or undocumented residents is not publicly tracked, but recent policies by Canadian hospitals charging temporary residents for giving birth suggest it’s a problem. And birth tourism, the practice of non-residents (i.e. those on visitor visas) travelling to Canada to have their child on Canadian soil so that they can obtain citizenship, is also back on the rise. When former Conservative Prime Minister Stephen Harper left office in 2015, birth tourism levels were 590% lower than today. Birth tourism is now at its highest levels ever, both in terms of absolute levels and percentages. These types of population growth are not typically accounted for in immigration levels planning….

Source: Canada must now place restrictions on birthright citizenship. Here’s why.

Marco Rubio Once Filed a Brief Embracing Birthright Citizenship

While people can legitimately change their minds and positions, the nature of many of the policy reversals by Rubio and others appear more driven by pleasing Trump and being in power than by principle:

In a 2016 court filing, Marco Rubio, then a senator running for president, made the case that the Constitution conferred citizenship on essentially all children born in the United States. His argument was a crisp rendition of what was until recently the consensus understanding.

But the views he expressed are now in tension with an executive order issued by President Trump in January that seeks to restrict birthright citizenship. The Supreme Court seems likely to hear a direct challenge to the order’s constitutionality in the term that starts in October.

The little-noticed court filing helps show how quickly the Republican Party and parts of the mainstream of conservative legal thought have shifted on the issue. It is also a reminder that the question of who is born a citizen may affect eligibility to be president.

Tommy Pigott, a State Department spokesman, said in a statement that “it’s absurd the NYT is even wasting time digging around for decade-old made-up stories,” adding that Mr. Rubio was “100 percent aligned with President Trump’s agenda.”

Source: Marco Rubio Once Filed a Brief Embracing Birthright Citizenship

Trump Administration Releases New Plans to Enforce Birthright Citizenship Order

Good overview:

Current Birthright Citizenship Rules vs. Proposed Changes

While the executive order is not yet in effect, recent documents from U.S. Citizenship and Immigration Services (USCIS), the State Department, and the Social Security Administration (SSA) outline the administration’s intended approach. The proposed strategy involves implementing stricter requirements for parents to obtain U.S. passportsSocial Security numbers (SSNs), and federal benefits for their U.S.-born children.

How It Currently Works

  • A child’s U.S. birth certificate is considered sufficient proof of U.S. citizenship, and parents can present it to the government to get a passport, SSN, and federal benefits for their child.
  • Parents don’t need to prove their own citizenship or immigration status when applying for these documents or benefits on their U.S.-born child’s behalf (except in cases involving foreign diplomats, who aren’t considered under U.S. jurisdiction).

How It Would Work Under the Proposed Plan

  • For any child born in the U.S. after the executive order’s effective date, their U.S. birth certificate alone is not considered sufficient proof of U.S. citizenship, and parents will need to provide additional documentation to obtain a passport, SSN, or federal benefits for their child.
  • At least one parent would need to prove their own citizenship or eligible immigration status when applying for these documents or benefits on their U.S.-born child’s behalf.
  • Federal agencies would verify parental status during or after birth registration.
  • Federal documents recognizing U.S. citizenship are not issued to children whose parents lack qualifying status.

“Ending birthright citizenship by fiat in contravention of several existing court challenges is an effort destined for failure. In the meantime, it will only create chaos and confusion in many households already struggling to navigate our broken immigration system.” — Erik Finch | Director of Global Operations, Boundless Immigration | Former USCIS Officer

Implications for Individuals and Families

Restricted birthright citizenship would have profound consequences on individuals and families:

  • Family Planning and Uncertainty: Legal ambiguities would likely deter many immigrant and mixed-status families from having children in the U.S., leading some to delay or reconsider building their families there.
  • Risk of Statelessness: Children denied citizenship at birth — especially if their parents’ home countries cannot confer nationality — could become stateless, facing lifelong barriers to educationhealthcaretravel, and legal protection.
  • Reduced Access to Services: Even the threat of this policy’s implementation is likely to discourage families from seeking healthcare or essential public services, worsening health and welfare outcomes.
  • Bureaucratic and Legal Challenges: Stricter documentation rules could cause errors, delays, or denials, increasing stress and potential legal limbo for families.

Implications for Employers

Employers that depend on global talent could face serious challenges:

  • Recruitment and Retention: Uncertainty around children’s citizenship may deter skilled foreign professionals from working in or staying in the U.S.
  • HR Complexity and Compliance: Varied state laws could complicate HR, payroll, and benefits administration, requiring greater investment in immigration support for employees and their families.
  • Risk of Discrimination: Increased scrutiny of family and citizenship status raises the risk of accidental anti-discrimination violations and workplace unfairness.
  • Employee Wellbeing and Productivity: Ongoing anxiety about family status can lower morale, productivity, and long-term workforce stability, ultimately impacting company competitiveness.

Broader Social and Economic Implications

Fewer foreign-born residents and their U.S.-citizen children would reduce population diversity, shrink the workforce, and limit innovation. Communities of color — especially Latino families — would be disproportionately affected, deepening existing inequalities and creating long-term disparities. Over time, this could lead to a rise in U.S.-born individuals without legal status or statehood, increasing poverty, exclusion, and instability.

In addition, the proposed policy could expand the undocumented immigrant population, strain the U.S. immigration system, and fuel long-term political tension. Denying birthright citizenship risks alienating immigrant communities, weakening social cohesion, and creating a stateless underclass with limited access to education, jobs, and stability.

Even as a proposal, the policy has already sparked confusion and anxiety, leading some families to avoid essential services and underscoring the urgent need for clear guidance and community support.

Multiple court rulings have blocked the executive order, and it’s unclear if or when the administration’s plans will take effect. However, the government’s ongoing preparations suggests the issue will remain a priority for the Trump administration.


The American Civil Liberties Union (ACLU) and state attorneys general have called the order unconstitutional and vowed to continue fighting it in court. Immigration advocates have reassured families that, for now, children born in the U.S. remain U.S. citizens regardless of their parents’ status, and no immediate action is required.

Source: Trump Administration Releases New Plans to Enforce Birthright Citizenship Order

Thompson: Trump is wielding U.S. citizenship as a weapon

Well, we will see where this ends up at SCOTUS but yes, the weaponization intent and actions are clear:

…Whether this particular legal battle will become a preoccupation of the Trump administration, amid so many other executive orders and attempts at presidential overreach, remains to be seen. But should Mr. Trump decide that the attack on birthright citizenship is a battle he wants to wage (or a useful distraction to draw attention away from the Epstein files), the implications are astounding. 

Birthright citizenship is not the only or even the most popular way that countries denote who can and cannot hold rights, participate in the political sphere, and be an irrevocable member of the political community. But in the United States, it is a core constitutional right. It has both a symbolic weight and offers fundamental legal protections in a country perpetually at odds over who truly belongs. 

This most recent attack is undeniably ideological. In Mr. Trump’s worldview, birthright citizenship is tightly tied with his priorities to curb immigration, secure borders and redefine American identity. Citizenship is most often associated with the right to vote, but more importantly confers the right to remain. To leave and come back. You cannot be denied entry to your own country, my brother, who decades ago worked as a Canadian immigration officer, once told me. They have to let you come home.

The Trump administration claims that its efforts will preserve and protect the meaning and value of American citizenship. They are instead an attempt to wield citizenship as a weapon. This executive order threatens to limit access to citizenship for the masses and will inevitably increase the administrative burden of proving citizenship for those for whom it has previously been automatic. Mr. Trump has threatened to revoke citizenship from his political opponents (or those he just doesn’t like), enabled the Department of Justice to strip citizenship from naturalized Americans charged with certain crimes, and created a path for wealthy foreigners to buy it through the “gold card” program for the low, low price of US$5-million. 

The proposed end to birthright citizenship is the hallmark policy of an America that seeks to close and bolt its doors to the huddled masses. The deeper lesson, however, is that nothing is absolute or untouchable, even and perhaps especially the constitutional order. Everything can be undone.

Source: Trump is wielding U.S. citizenship as a weapon

Nationwide injunction blocking Trump’s birthright citizenship order goes into effect

Of note:

President Donald Trump’s plan to end birthright citizenship for the children of people who are in the U.S. illegally will remain blocked as an order from one judge went into effect Friday and another seemed inclined to follow suit.

U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed in the last week his order went into effect.

“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” Cody Wofsy, the ACLU attorney representing children who would be affected by Trump’s restrictions, said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”

The Trump administration could still appeal or even ask that LaPlante’s order be narrowed but the effort to end birthright citizenship for children of parents who are in the U.S. illegally or temporarily can’t take effect for now.

The Justice Department didn’t immediately return a message seeking comment.

Meanwhile, a judge in Boston heard arguments from more than a dozen states who say Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for essential services. The issue is expected to move quickly back to the nation’s highest court.

U.S. District Judge Leo Sorokin was asked to consider either keeping in place the nationwide injunction he granted earlier or consider a request from the government either to narrow the scope of that order or stay it altogether. Sorokin, located in Boston, did not immediately rule but seemed to be receptive to arguments from states to keep the injunction in place….

Source: Nationwide injunction blocking Trump’s birthright citizenship order goes into effect

Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions

Of note:

When the Supreme Court ruled in President Trump’s favor two weeks ago in a case arising from his efforts to ban birthright citizenship, he called the decision “a monumental victory.”

But the victory may turn out to be short-lived.

To be sure, the 6-to-3 ruling severely limited a key tool federal trial judges had used in checking executive power — universal injunctions that applied not only to the plaintiffs but also to everyone else affected by the challenged program nationwide.

But the justices made clear that another important tool remained available — class actions, which let people facing a common problem band together in a single lawsuit to obtain nationwide relief.

The differences between the two procedures may at first blush seem technical. But universal injunctions have long been criticized across the ideological spectrum as a judicial power grab without a basis in law. Class actions, on the other hand, are an established mechanism whose requirements are set out in detail in the Federal Rules of Civil Procedure.

Judge Joseph N. Laplante, a federal judge in New Hampshire, embraced class actions on Thursday, opening a new front in the battle to deny Mr. Trump’s effort to redefine who can become a citizen. The move was also a new sign that Mr. Trump’s win at the Supreme Court may turn out to be less lasting than it at first appeared.

The judge provisionally certified a class of all children born to parents who are in the United States temporarily or without authorization. Then he entered a preliminary injunction in their favor barring the enforcement of Mr. Trump’s ban on birthright citizenship. It applied nationwide.

That means Mr. Trump’s executive order, which has never come into effect and may never will, remains blocked. The ban would upend the conventional understanding of the first sentence of the 14th Amendment, adopted in 1868: “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.”

A White House spokesman called Judge Laplante’s ruling “an obvious and unlawful attempt to circumvent the Supreme Court’s clear order against universal relief.”

But the court’s decision specifically contemplated the alternative, and it gave challengers 30 days to pursue it and other options….

Source: Trump’s Birthright Citizenship Ban Faces New Peril: Class Actions

Kweku: This Is the Birthright Reckoning That America Needs

Good long and informative read:

…Every country has its myths, its memory and a set of ideals that shape its terms of belonging. But these abstractions have particular salience in the Americas where, as the political scientist Benedict Anderson observed, national identity was a more deliberate act of invention: Unlike Europe, where nations imagined themselves as ancient, awakening to an identity traced to an ancestral past, those in the New World thought of themselves as being newly born. This is perhaps nowhere more true than in the United States.

These ideas may feel far removed from the practical concerns of politics. After all, it’s not clear what bearing they have on what the tax rate should be or how to fund Medicaid. But national identity matters because it is a precondition for us to make decisions together, especially the hard ones that may require sacrifice. Our self-conception has always been a contested one, the product of conflict rather than consensus. And in the present moment, it feels as if Americans are deciding, once again, what kind of nation we will be.

Sixty years after the beginning of the third wave of immigration to these shores, nativist sentiment is rising and the country threatens to narrow American identity. We have been here before, and one way of reading American history is as an ongoing war between progress and reaction — each worldview attempting to confront and defeat the other. But our history suggests that the relationship between exclusion and inclusion is messier and more complicated than that. It also suggests a way out of our present crisis without losing our country’s soul.

In his second term, President Trump has sought to use every tool at his disposal, both legitimate and illegitimate, to fundamentally reorder what it means to be an American. His administration has terminated temporary protections for many migrants, sharply stepped up immigration arrests, increased the rate of asylum denials and invoked a wartime law and unconventional accords to deport migrants. It has also claimed wide latitude to cancel visas and schedule those who held them for deportation based on their political views. Perhaps most jarringly, the administration has sought to use executive power to limit birthright citizenship, denying it to those whose parents were in the United States temporarily or illegally. Last Friday, the Trump administration won a procedural victory on that front when the Supreme Court limited the ability of lower court judges to block the policy nationwide.

Unrestricted birthright citizenship — the characteristically New World notion that being born on a country’s soil is enough to make a person its inheritor and steward — represents American identity at its fullest and most audacious. It reflects a belief that the nation can enfranchise and enlist anyone in our grand experiment of self-governance.

But like the rest of America’s immigration policy, the expansiveness of birthright citizenship belies its origins. It was enshrined in the 14th Amendment as a legal solution to the moral contradiction that resulted from adopting and then abolishing chattel slavery. Emancipation created within our borders a whole people from what just a moment before had been regarded by our laws as property. Who were they to us? We amended the Constitution to decide: By virtue of being born in America, they were fellow citizens; the same would hold true for all who would be born here thereafter.

So just as it is hard to imagine that America would have welcomed immigrants so freely had it been founded in an unpopulated wilderness, it is also difficult to imagine that the country would have enshrined unconditional birthright citizenship in the Constitution had all the people who worked its fields been free.

The provision of birthright citizenship also requires us to answer a difficult question: What should bind together people who inherited citizenship from their parents, those who were naturalized into citizenship by a promise and those who received it by virtue of being born on this nation’s soil?

The second great wave of American immigration peaked in 1907, and by 1910, nearly 15 percent of residents were newcomers. Add in the children they had within our borders, and at the turn of the 20th century, immigrant stock — those within a generation of arriving — made up about one-third of America’s population. The weaving of these lives into the national fabric is one of the most important and transformational achievements in our country’s history.

Legend recalls this process as automatic and inevitable, a natural effect of people living near one another, learning from and marrying into one another’s cultures and being pressed into cooperation by simple daily necessity.

These processes did all play a part, but they don’t tell the whole story. The hammering together of an American people out of this European diaspora was seen at the time as an urgent national project. Civic society, business and the government all mobilized to inculcate American culture, language and values. The Y.M.C.A. organized English classes for immigrants. Settlement houses helped them find jobs and enroll their children in schools. The Ford Motor Company held compulsory classes that taught immigrant employees American civics and values. At a pageant, the graduates, dressed in their ethnic garb, would walk into what looked like an enormous melting pot, which their instructors were stirring with oversized ladles, and then walk out waving American flags. The project’s most powerful force was the rapidly expanding public school system, an incubator for national identity in the children of immigrants and natives alike.

We tend to remember this as a uniform effort. In reality, many different agendas were at work, some that sought to protect immigrants from the hardships of life in this country, others that claimed to be protecting this country from the hardship of immigration.

The popular memory of the second wave also tends to understate the extent to which immigrants resisted the campaign to make them Americans. Often clustered together in ethnic enclaves, they created a network of foreign language newspapers, parochial schools and clubs, in part out of necessity, but also in part to preserve their distinctiveness. As the great immigration historian Oscar Handlin documented, many immigrants resented the institutions bent on “improving” them as dehumanizing and patronizing. And the policies of Americanization were not always gentle ones. Laws were passed mandating compulsory school attendance, in part to separate children from the culture of their immigrant parents. Prohibitions against teaching in foreign languages — particularly German — had the same goal.

It’s not surprising, then, that by the 1920s the paternalism of Americanization had fully curdled into an outright nativist, racist and anti-immigrant movement. Ford abandoned the melting pot pageants and started distributing antisemitic propaganda at its dealerships. Representative Charles Stengle of New York argued that the project of Americanization was failing because unlike earlier immigrants, the new arrivals were incapable of assimilation: “The fire has apparently gone out under the melting pot and the original American stock is not absorbing these insoluble elements.” 

Representative John Tillman of Arkansas condemned these insoluble masses as having corrupted America: “We have admitted the dregs of Europe until America has been Orientalized, Europeanized, Africanized, and mongrelized to that insidious degree that our genius, stability and greatness, and promise of advancement and achievement, are actually menaced.”

This movement eventually led to the passage of the Immigration Act of 1924, which slashed immigration overall and instituted nation-by-nation quotas that were based on America’s demographics in 1890 — strongly favoring the fair-skinned, Protestant residents of Western and Northern Europe. In an opinion piece in this newspaper, headlined “America of the Melting Pot Comes to End,” Senator David A. Reed of Pennsylvania, one of the sponsors of the bill, announced that the country would no longer indulge the idea that immigrants could be “fused by the ‘melting pot’ into a distinctive American type.” But it was not the end of the melting pot. It was the beginning.

As historians and economists have argued, the long years of low immigration that followed the act eased white interethnic tensions, clearing the way for the emergence of unhyphenated American identity. Institutions like parochial schools, established as bulwarks against assimilation, often became engines of it. Ethnic enclaves shrank as their upwardly mobile children moved elsewhere and few new arrivals came to replace them. But the immigrants of the second wave didn’t just blend in to an American mainstream, as some nativists had hoped. They enriched it. The 1924 law, motivated by the idea that those immigrants could not become a part of the American fabric, ended up knitting them more tightly into it. The resulting common culture was the ground from which the New Deal consensus could emerge. The solidarity forged in World War II completed the consolidation of this new America.

In 1958, Senator John F. Kennedy looked back on the nation’s history, marked with extermination, exclusion and suppression — more than three decades into an era of restrictive immigration policy — and called America a “nation of immigrants.” It was in this America that it was possible to win the formal extension of America’s promises — first to Black Americans, with the Civil Rights Act of 1964, and then to nonwhite immigrants, with the Immigration and Nationality Act of 1965. America’s most capacious ideal was expanded, then, partially as a product of the nativism that feared it.

In the aftermath of a war against fascism, the racist eugenicism of the 1924 act was an embarrassing echo of the enemy America had helped defeat; in an ideological struggle against Communism, it was a liability. The 1965 Immigration and Nationality Act dropped the country quotas that favored Western and Northern Europeans and made it easier for U.S. citizens to bring their relatives from abroad. The act inaugurated America’s third great wave of immigration, which was drawn heavily from nonwhite countries such as Mexico and China. As some of its skeptics correctly anticipated, the bill reshaped the country’s demographics.

Today, America is home to more immigrants than any other country. In fact, there are more immigrants here than in the next four leading countries combined. In 2024, the United States accounted for 4 percent of the world’s population, but 17 percent of all international migrants lived here, a portion of whom were undocumented. And the fraction of America’s population that is foreign born is once again about 15 percent. Just as it did 115 years ago, this inspires anxieties about American identity. At the core of Mr. Trump’s “Make America Great Again” is a nostalgia for the America that existed before the law was passed. And to many of his followers, this nostalgia promotes a belief not just in the superiority of American culture — a polyglot, provisional culture nevertheless grounded in that of the Anglo Protestant founders — but in the idea that only certain kinds of people, from certain kinds of traditions or nations, can adopt this culture. In this vision, America is not a creed at all. It’s a lineage.

This idea has once again risen in prominence on the right, and is exemplified by the growing political prominence of the term “Heritage American,” meant to denote those who can trace their roots here back several generations. Some conservatives use the phrase to imply that a person’s Americanness is strengthened by the tenure of their ancestors. Other people use it to launder white nationalism with facially neutral language. Either way, in this reckoning, the 1965 Immigration and Nationality Act brought on what now feels like an identity crisis.

Like the immigrants of the now century-old second wave, those of the third great wave are brave, enterprising and industrious, almost by definition, having overcome tremendous obstacles for a chance to be Americans.

This is one reason that, as the economists Ran Abramitzky and Leah Boustan have demonstrated, despite sharp differences among their origins, third-wave immigrants and their descendants move up the economic ladder at a rate similar to those of the second wave. And though debates over immigration are often framed in terms of a zero-sum competition between immigrants and native workers, there’s little evidence that immigrants are economically hurting natives in the long run.

Contemporary nativists often suggest that while the European immigrants of the late 19th and early 20th centuries were able to become Americans, the post-1965 generation of largely nonwhite immigrants is too culturally different to do so. Of course, these are precisely the same arguments that nativists made about those European immigrants when comparing them to those that had preceded them. The nativists are equally incorrect this time around.

But it is true that replicating the binding together of the nation faces new challenges. For instance: A loose collection of Europeans turned themselves into white Americans in part by defining themselves against those who were not, especially Black Americans. Can we arrive at an American “we” without a “them” to marginalize?

And integration into America doesn’t work the same way it once did. The global dominance of American culture and commerce has made it easier than ever for immigrants to acculturate. Even before they arrive, they can watch us hash out our values on X, learn our jokes and dance moves from TikTok and read our newspapers online. They can even shop our latest clothing trends. But that same world has removed some of the pressures that encourage them to do so. Thanks to the internet and social media, immigrants can make it in America without entirely leaving their past, because their homeland is never more than a touch screen away. They can maintain their old relationships, consume their old media and keep contact with their old neighborhoods, living in two worlds and neither at the same time. There is some evidence that this could be slowing down assimilation. Ethnic enclaves can be almost as all-encompassing when they are digital as when they are geographic.

Fuzzier but no less real are the changes in the posture of Americans toward their own cultural identity. Immigrants still do want to become Americans, but they are assimilating into a national identity that is fractured, adversarial and uncertain. And at almost the same time that America extended its promise to nonwhites in the 1960s, it began to abandon the goal of unity out of plurality. The idea that there are certain values or principles that immigrants and natives alike should adopt as Americans has eroded: To some parts of the right, our ideals are ancillary to the concreteness of ancestry; in some parts of the left, they are a bad joke, an obstacle to equity.

The world has changed, so the way that we think about what it means to become American must too. But one thing remains the same: A cohesive and inclusive American identity won’t just create itself. It must be forged. And it’s a project that we must all participate in, adapting the successes and avoiding the missteps of the past.

It’s a serious task that calls for sweeping solutions. A sharp across-the-board reduction in legal immigration — paired with a generous amnesty program for those undocumented and unauthorized immigrants who are established in America — might help America regain its balance and compose a new harmony out of its profuse cacophony.

But that alone is likely to be insufficient. The English writer and philosopher G.K. Chesterton, after visiting the States in 1921, said that Americans had styled themselves a “nation with the soul of a church.” In 1956, Horace Kallen, the father of cultural pluralism, went even further, writing that “the American Idea is, literally, religion.” If one can inherit a creed, then it is in the same way one is inculcated into a faith. It requires a practice. A mandatory national service program, in which 18-year-olds work shoulder to shoulder with Americans from different backgrounds, could serve that purpose, just as mandatory military service did in World War II.

These suggestions are thorny, and have difficulties of their own. An immigration pause would need exceptions to respect international asylum law, for instance, and if America is going to prevent disadvantaged people from improving their lives by immigrating here, it has a moral duty to help them where they are. Mandatory national service would be both socially and economically disruptive. It may also be the case that Americans have no appetite to pursue these options, even if they were guaranteed to work.

But an American identity that can unite us all is worth fighting for. Our country has urgent problems, and solving them requires the civic solidarity that thinking of ourselves as Americans helps to create. The historian Richard Slotkin has observed that a workable American identity must join both the descendants of the Indigenous and those who dispossessed them, the line of the enslaved and those who possessed them, those who can trace their lineage beyond the Revolution and the newly arrived, the natural-born and the naturalized; a teeming profusion of races, cultures, classes and religions. It is a challenge and a burden. It is also, though, a blessed inheritance.

Source: This Is the Birthright Reckoning That America Needs

U.S. Supreme Court ruling jeopardizes birthright citizenship

More on the SCOTUS decision:

….Many legal scholars doubt the Trump tactic, and argue that what the words say is what the amendment means. But the Trump administration argues that the context of the 14th amendment – part of a flurry of changes in American life after the Civil War that tore the country apart geographically, culturally, economically, and morally – means that the language reflected a specific moment in time and a specific circumstance. They argue that the 19th-century amendment doesn’t apply to far different 21st-century circumstances. 

The irony is that many of those who support that position also embrace a “strict constructionist” view of the Constitution, urging in other cases that the words of the founding American document (which includes the 25 amendments that followed) are to be taken literally, shorn of context or interpretation.

The Supreme Court’s decision actually said nothing about birthright citizenship. It merely argued that, as Justice Amy Coney Barrett put it, excesses by the executive branch can’t be stanched by excesses of the judicial branch. That means that lower-court judges skeptical of, or opposed to, Trump policies cannot invalidate those initiatives.

The fact that the court test involved the Trump birthright citizenship case opened the administration to pursue its original intention, the denial of citizenship to some children of migrants and to make them vulnerable to deportation. This was an especially important target to the administration because of its view that large numbers of migrants were having children in the U.S., or coming to the country, for the express purpose of rendering their children American citizens.

A May study by the Migration Policy Institute at Penn State University found that, if Mr. Trump prevailed, about 255,000 children born on U.S. soil each year would be denied American citizenship.

The Supreme Court likely will rule on birthright citizenship in its next term, which begins in October, though it is possible some of the suits already filed may prompt it to make a swifter ruling. …

Source: U.S. Supreme Court ruling jeopardizes birthright citizenship

What is birthright citizenship and what happens after the Supreme Court ruling?

Ongoing and further undermining of checks and balances:

After the Supreme Court issued a ruling that limits the ability of federal judges to issue universal injunctions — but didn’t rule on the legality of President Trump’s executive order on birthright citizenship — immigrant rights groups are trying a new tactic by filing a national class action lawsuit.

The lawsuit was filed on behalf of two immigrant rights organizations whose members include people without legal status in the U.S. who “have had or will have children born in the United States after February 19, 2025,” according to court documents.

One of the lawyers representing the plaintiffs, William Powell, senior counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law, says his colleagues at CASA, Inc. and the Asylum Seeker Advocacy Project think that, with the class action approach “we will be able to get complete relief for everyone who would be covered by the executive order.”

Source: What is birthright citizenship and what happens after the Supreme Court ruling?

ICYMI: At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight

Useful analysis of some of the usual suspects of “fringe” legal theories:

Shortly after the Supreme Court announced in April that it would consider the nationwide freeze on President Trump’s executive order ending birthright citizenship, he gleefully spoke to reporters in the Oval Office.

Mr. Trump said that he was “so happy” the justices would take up the citizenship issue because it had been “so misunderstood.” The 14th Amendment, he said — long held to grant citizenship to anyone born in the United States — is actually “about slavery.”

“That’s not about tourists coming in and touching a piece of sand and then all of the sudden there’s citizenship,” Mr. Trump said, adding, “That is all about slavery.”

For more than a century, most scholars and the courts have agreed that though the 14th Amendment was added to the Constitution after the Civil War, it was not, in fact, all about slavery. Instead, courts have held that the amendment extended citizenship not just to the children of former slaves but also to babies born within the borders of the United States.

The notion that the amendment might not do so was once considered an unorthodox theory, promoted by an obscure California law professor named John Eastman and his colleagues at the Claremont Institute, a conservative think tank — the same professor who would later provide Mr. Trump with legal arguments he used to try to overturn the results of the 2020 presidential election.

The story of how the theory moved from the far edges of academia to the Oval Office and, on Thursday, to the Supreme Court, offers insight into how Mr. Trump has popularized legal theories once considered unthinkable to justify his immigration policies.

“They have been pushing it for decades,” said John Yoo, a law professor at the University of California, Berkeley, School of Law and a top lawyer in the George W. Bush administration. “It was thought to be a wacky idea that only political philosophers would buy. They’ve finally got a president who agrees.”

The White House did not respond to requests for comment.

President Trump promoted the theory during his first campaign but did not act on it until his second term. He signed an executive order on his first day to end birthright citizenship for the children of undocumented immigrants and some temporary foreign residents.

Legal challenges were swift and emphatic. Challengers pointed to the text of the 14th Amendment, which states, “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.”

Proponents of the policy have pointed to birthright citizenship as a cornerstone of what it means to be an American, part of the national ethos of the country as a place that is open to everyone, regardless of faith, color or creed. Of the world’s 20 most developed countries, only Canada and the United States grant automatic citizenship to children born within its borders. 

In a brief to the Supreme Court, an immigrant advocacy group argued that “birthright citizenship is at the core of our nation’s foundational precept that all people born on our soil are created equal, regardless of their parentage.”

State attorneys general who are challenging the policy weighed in with a brief that argued that the Supreme Court had already settled the question in the landmark 1898 case of United States v. Wong Kim Ark, when the court found that a man born in San Francisco to Chinese parents was a citizen.

So far, courts have agreed. Judges in Washington State, Massachusetts and Maryland quickly instituted nationwide pauses on Mr. Trump’s policy.

In oral arguments this week, the justices will primarily consider whether federal judges have the power to order these temporary pauses, known as nationwide injunctions. But the question of birthright citizenship will form the backdrop.

In an interview, Mr. Eastman said he developed his views on birthright citizenship after the terrorist attacks on Sept. 11, 2001.

Back then, Mr. Eastman, who had clerked for Justice Clarence Thomas, was a law professor at Chapman University in Orange County, Calif., and director of the Center for Constitutional Jurisprudence at the Claremont Institute.

In late November 2001, a man named Yaser Esam Hamdi was taken into custody by U.S. forces in Afghanistan and transferred to the U.S. military base/prison at Guantánamo Bay.

Officials learned Mr. Hamdi was an American citizen. His mother, a Saudi national, had given birth to him while the family was living in Baton Rouge, La., where Mr. Hamdi’s father was working as a chemical engineer.

Because Mr. Hamdi was a U.S. citizen, the authorities believed they could no longer hold him as an “enemy combatant” in Guantánamo Bay, where he was considered beyond the reach of the full legal protections of federal courts. They transferred him to a naval brig in Norfolk, Va.

In a 2004 friend-of-the-court brief in the case, Mr. Eastman argued that the idea that citizenship was automatically conferred on all children born on American soil was a “generally accepted though erroneous interpretation” of the 14th Amendment that was “incorrect, as a matter of text, historical practice and political theory.”

Mr. Eastman drew on the work of a California State University, San Bernardino political science professor affiliated with the Claremont Institute, Edward J. Erler, who had offered the same theory in books published in 1997 and 2003.

Mr. Erler, who did not respond to a request for comment, arguedthat the children of people in the country illegally, or temporarily, are not automatically citizens.

Although the idea that children born in the United States automatically become citizens has deep roots in the common law, it was not adopted in the text of the Constitution until 1868, as part of the 14th Amendment. It came in a sentence that overturned Dred Scott, the 1857 Supreme Court decision that affirmed slavery and helped prompt the Civil War.

Mr. Eastman claimed that nowhere during the debate over the 14th Amendment had lawmakers agreed to include temporary visitors.

The justices rejected this view, finding that the Constitution’s due process protections applied to Mr. Hamdi.

Still, for years afterward, Mr. Eastman and Mr. Yoo publicly debated the issue, with Mr. Eastman arguing his theory that birthright citizenship was not in the Constitution and Mr. Yooarguing it was.

For much of that time, the debate felt abstract, Mr. Yoo said, of interest mostly to legal scholars.

“Never has an abstract idea had such enormous policy effects,” he said. “It’s like it almost just jumped from law review articles to the White House.”

That leap happened when Mr. Trump ran for president in 2015.

In an interview with the Fox News personality Bill O’Reilly in August 2015, Mr. Trump outlined his plans to overhaul the immigration system. Mr. O’Reilly seemed skeptical at first, and then increasingly frustrated.

Mr. O’Reilly pointed to the 14th Amendment as an impediment to Mr. Trump’s plan. But Mr. Trump responded, “I think you’re wrong about the 14th Amendment.”

“I can quote it — do you want me to quote you the amendment,” Mr. O’Reilly said, nearly shouting. “If you’re born here, you’re an American — period! Period!”

“But there are many lawyers, many lawyers are saying that’s not the way it is,” Mr. Trump responded.

Mr. Eastman said Mr. Trump was “likely” referring to him but also to other academics who had published on the issue. He said he was not sure how his views had reached the presidential candidate.

Mr. Trump did not pursue a plan to end birthright citizenship in his first term. Mr. Eastman said that in 2019 he met with Attorney General William P. Barr at Mr. Barr’s invitation to discuss a possible executive order on birthright citizenship but that nothing came of it. Mr. Barr did not respond to a request for comment.

Mr. Eastman said he was “very happy” when Mr. Trump announced he would end birthright citizenship on his first day back in office.

By then, Mr. Eastman and Mr. Trump had a close association. Mr. Eastman was one of the architects of a plan to create fake slates of pro-Trump electors in states that Joseph R. Biden Jr. won and to urge Vice President Mike Pence to accept those slates while presiding over the certification of the 2020 election.

A California judge recommended that Mr. Eastman be disbarred over the episode. He said he was appealing, though his California law license is currently inactive as a result. He is also fighting criminal charges that are slowly making their way through state court in Arizona. (A case against him and other defendants in Georgia appears unlikely to go forward.)

Mr. Eastman said that the president did not directly consult him about the birthright citizenship order but that several of his friends, whom he declined to name, were involved. “They knew that my scholarship was kind of at the forefront of this,” he said.

Mr. Trump’s order fueled new interest in examining the underpinnings of birthright citizenship, said Ilan Wurman, a law professor at the University of Minnesota and author of a book on the 14th Amendment.

“President Trump has a rather uncanny ability to move Overton windows — issues that people thought were off the table are on the table,” Mr. Wurman said.

Mr. Wurman argues that a close read of the 1898 case and the historical record reveals that the Supreme Court has never firmly held that children born to those illegally present are citizens.

A flurry of friend-of-the-court briefs have brought some of these ideas to the justices, including one from Mr. Eastman.

In a brief to the justices in late April, he argued that although the justices had agreed to hear arguments only about the nationwide pause on the president’s policy, that they should also decide the merits and end birthright citizenship.

“There are a lot of people in the country waiting for resolution of this issue,” he said. “Is the executive order valid or not? And the longer we wait, the more consternation it’s caused.”

Source: At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight