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SHAPIRO: U.S. Supreme Court’s birthright citizenship mistake

31 0
05.07.2026

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The United States Supreme Court has now settled, at least for the foreseeable future, one of the most contentious debates in American immigration law: A child born in the United States is a U.S. citizen, regardless of whether the child’s parents entered the country legally or came solely to give birth. That remains the law after the court’s 6-3 decision in Trump v. Barbara.

SHAPIRO: U.S. Supreme Court’s birthright citizenship mistake Back to video

Chief Justice John Roberts, joined by the court’s liberal justices, concluded that the Citizenship Clause of the 14th Amendment guarantees citizenship to virtually anyone born on American soil.

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, arguing that the majority has fundamentally misread both the Constitution and American history.

The ruling itself is hardly surprising. Federal courts have interpreted birthright citizenship this way for generations. What is remarkable is the historical reasoning Roberts employs to justify that conclusion.

The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The debate has always centred on these words: “subject to the jurisdiction thereof.” If mere birth within U.S. borders........

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