NATURALIZATION

Issues

This case asks whether President Donald Trump’s Executive Order denying birthright citizenship to children of undocumented immigrants is constitutional. Trump argues that history, traditions, and precedent before and after the ratification of the Fourteenth Amendment suggest that the amendment did not grant unqualified birthright citizenship and instead that citizenship depends on the legal and domicile status of the child’s parents at the time of birth. Barbara argues that there is no domicile requirement for birthright citizenship, and that the English common law and American courts have embraced the rule that birthright citizenship extends to the children of undocumented immigrants. Proponents of Trump’s argument assert that birthright citizenship creates citizens without allegiance to the United States and puts a strain on the economy. Proponents of Barbara’s argument assert that birthright citizenship is necessary to protect individuals without a formal allegiance to any nation, that immigrants have long provided patriotic service to the United States, and that birthright citizenship is essential to providing government aid to individuals that require it.

Questions as Framed for the Court by the Parties

Additional Resources