During the morning of this June 30, the US Supreme Court declared illegal the president’s executive order donald trump to limit the citizenship of persons born in United States territory, children of undocumented or from people with temporary visasa right that the court considers enshrined in the Constitution.
Against this backdrop, the US Supreme Court ruling recognizes that “all children born in the United States to parents present illegal or temporary are subject to the jurisdiction”, so that “they are citizens from birth under the citizenship clause of the Fourteenth Amendment” of the country.
According to what was stated by the news agency EFEthe decision was adopted by five votes to favor and four in against of the magistrates that make up the court, and maintains an interpretation of the Constitution that, during 150 yearshas considered American almost any person born within the North American country.
The four judges considered conservatives They disagreed with the majority vote by not recognizing birthright citizenship as a fully fledged right. automatic and they assured that the Fourteenth Amendment, passed to guarantee citizenship to former slaves and their descendants, was only intended to grant it to children of slaves.
What is birthright citizenship in the US?
The Fourteenth Amendment of the Constitution of the United States, ratified in 1868 (158 years ago), guarantees citizenship by birth to any person born in the North American nation and protects civil rights by establishing due process of law and equal protection under the law for all the citizens.
Faced with this situation, the American president Donald Trump had fiance in campaign limit citizenship automatic for children of irregular immigrantsa measure that he signed on Monday, January 20, 2025, the same day he assumed his second term, and that inaugurated a period of anti-immigration policies restrictive.
This is because the president republican 80-year-old has argued that the Fourteenth Amendment has been misinterpreted and has asserted that the United States is the unique nation that grants citizenship automatically. However, this argument is false, since more than thirty nations also recognize that right.
Under the circumstances, Associate Justice of the United States Supreme Court, Brett Kavanaughdisagreed in part by not sharing “the conception maximalist of the citizenship clause”, although he did not support the decree of President Trump who would de facto eliminate the birthright citizenshipin force for a century.
The fundamental pillars of the Fourteenth Amendment
The first section of the Fourteenth Amendment to the US Constitution grants US citizenship to any person born or naturalized in the territory of the United States and subject to its jurisdiction, because it was originally created to ensure that the slaves recently released were recognized as citizens.
Likewise, the clause of privileges and immunities of the Fourteenth Amendment prohibits states to create or enforce laws that reduce the privileges or immunities of American citizens, such as President Trump’s order, which would have affected 255 thousand children a year, but it remained annulled by the decision of the Supreme Court.