Trump’s Birthright Case: Irrefutable
Some justices are ignoring key arguments in birthright citizenship case.
Joe Fried | April 4, 2026
I listened intently to the Supreme Court’s oral arguments regarding birthright citizenship. It seems that some justices are ignoring key arguments in the case.
There is a residency requirement in the Citizenship Clause
In January 2025, President Trump signed an executive order ending birthright citizenship for children born in the United States to parents who are either undocumented or in the country legally but on a temporary basis. The ACLU challenged the executive order, and the Supreme Court is considering the case. Solicitor General John Sauer is arguing on behalf of the Trump Administration.
Part of General Sauer’s case is simple and irrefutable: Most people should not gain citizenship via birth tourism. It is an atrocious policy, and it does not meet the express written requirements of the Citizenship Clause of the 14th Amendment to the Constitution.
To his credit, Justice Clarence Thomas was quick to emphasize that fact. Certain words in the Citizenship Clause preclude the provision of citizenship for most people engaged in birth tourism.
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 (emphasis added).
In other words, there is a residency (or domicile) requirement, and that requirement cannot be not met by most people engaged in birth tourism. Typically, a woman flies to the U.S., delivers a baby, spends a few days in a hospital or birthing center, and flies home. She enters the country legally but doesn’t spend enough time in the U.S. to establish residency (domicile).
https://www.americanthinker.com/articles/2026/04/trump_s_birthright_case_irrefutable.html
