Supreme Court: Children of Illegal Aliens or Tourists are not U.S. Citizens

[rangerrebew]

Supreme Court: Children of Illegal Aliens or Tourists are not U.S. Citizens
Commentary
May 22, 2025


By Gabriel Canaan

On the very day Donald Trump became president again, he signed an executive order prospectively eliminating birthright citizenship for children born to aliens unlawfully present in the United States.

Immediately, lawsuits were filed in a half-dozen jurisdictions across the country challenging this order.

The groups bringing these suits claim the order disrupts long-standing legal norms governing citizenship. Yet, in fact, Trump’s contention — that birthright citizenship is not possessed by children of illegal aliens under the “correct interpretation of the law” — is exactly right.

Birthright citizenship is conventionally understood to apply to any child born in the United States, regardless of the immigration status of that child’s parents. This view is based on the common law principle of jus soli (“right of soil”), which is said to be incorporated in the Citizenship Clause of the Fourteenth Amendment. This understanding of the Citizenship Clause, however, despite its prevalence in academia and political commentary, is based on a mistaken and incomplete reading of controlling Supreme Court precedent.

https://www.irli.org/supreme-court-children-of-illegal-aliens-or-tourists-are-not-u-s-citizens/

[Fishrrman]

The title of this article suggests that the Supreme Court has just issued a decision as such...
... but the Court has done no such thing.

Not yet.

[Cyber Liberty]

The title of this article suggests that the Supreme Court has just issued a decision as such...
... but the Court has done no such thing.

Not yet.

Yeah, I noticed that.  Click bait.

[Smokin Joe]

    

This is how they should rule, but it hasn't happened yet.

[Bigun]

The title of this article suggests that the Supreme Court has just issued a decision as such...
... but the Court has done no such thing.

Not yet.

SCOTUS has done exactly this at least three times in the past. @Fishrrman

SCOTUS has never applied the term "natural born citizen" to any other category than “those born in the country of parents who are citizens thereof”

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

The natives or indigenes are those born in the country of parents who are citizens.

Minor v. Happersett , 88 U.S. 162 (1875)

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens,

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

(A)ll children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.