Supreme Court Ponders Birthright Citizenship

FAIR shows illegal aliens not “subject to the jurisdiction” of the United States

WASHINGTON—Yesterday, the Federation for American Immigration Reform (FAIR) filed a brief ([link removed]) in the U.S. Supreme Court urging the Court to reverse a lower-court ruling striking down the President’s executive order limiting birthright citizenship to children born in the United States to U.S. citizens or lawful permanent residents.

FAIR shows in its brief that the issue of who is entitled to citizenship at birth under the Constitution has already been decided by the Supreme Court. In United States v. Wong Kim Ark, the Court clearly held that, to be subject to the jurisdiction of the United States at birth, and thus a citizen under the Fourteenth Amendment, one must be born in the United States to parents who are permitted by the United States to reside here.

FAIR also shows that the Plaintiffs’ and the lower court’s interpretation that children of illegal aliens are citizens should be disfavored because it forces citizenship on the nation. After showing that the American idea of citizenship requires mutual consent between the nation and the individual, FAIR argues:

Under Plaintiffs’ view, not only are the children of illegal aliens citizens despite the lack of consent to their citizenship by the political branches, they are citizens even though the political branches have prohibited the necessary condition for their citizenship, the presence of their parents. On Plaintiffs’ view, the citizenship of this class of individuals is forced upon the nation against its political will. Given the centrality of mutual consent in the American idea of citizenship—and also because a citizen of the United States is no mere subject, but shares in the sovereignty of the people over this country,
see U.S. CONST. Preamble—this interpretation is to be disfavored.

“All the Court has to do to uphold at least 95 percent of Trump’s order is read its own prior case not as activist academics want it to be, but as it really is,” said Dale L. Wilcox, executive director and general counsel of FAIR. “The Court has already excluded children of illegal aliens and tourists from getting citizenship automatically at birth, since neither group has permission to reside in the United States. We hope the Court realizes that the consent of the nation, not merely the will of lawbreakers or visitors, must play a role in who becomes a citizen of this country.”

The cases is
Trump v. Barbara, No. 25-365 (Supreme Court).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

To schedule an interview with one of FAIR's
spokespersons, contact:

Hayley Hill

[email protected]
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