Conservatives Plan to End Birthright Citizenship

The conservative legal movement is actively pursuing strategies to end birthright citizenship in the United States, viewing the Supreme Court's interpretation of the Fourteenth Amendment as a challengeable precedent. This movement believes that the current understanding of birthright citizenship, which grants citizenship to nearly everyone born in the U.S., is not constitutionally mandated and can be overturned through legislative and judicial means. Their playbook involves a multi-pronged approach, focusing on both federal and state levels, and leveraging existing legal arguments and potential future court cases.

Central to their strategy is the argument that the Fourteenth Amendment's Citizenship Clause, which states that "all persons born or naturalized in the United States, and to the same are subject, are citizens of the United States and of the State wherein they reside," does not automatically grant citizenship to the children of undocumented immigrants. They contend that "subject to the jurisdiction thereof" excludes individuals who are not legally present in the country. This interpretation has been a long-standing debate within legal circles, with proponents of ending birthright citizenship citing historical context and legal scholarship that they believe supports their view. Organizations like the Center for Immigration Studies and the Heritage Foundation have been instrumental in developing and promoting these legal theories.

The conservative movement's plan includes advocating for legislation at the federal level that would clarify or redefine the scope of the Citizenship Clause, potentially by explicitly excluding children of non-citizens from automatic citizenship. Simultaneously, they are exploring state-level actions, such as challenging the birth certificates issued to children born to undocumented parents or supporting legal cases that could reach the Supreme Court. The goal is to create a legal pathway that allows for a re-examination of the 1898 Supreme Court decision in *United States v. Wong Kim Ark*, which affirmed that children born in the U.S. to Chinese parents who were U.S. citizens were themselves citizens. This landmark case is considered by many to be the bedrock of birthright citizenship.

Furthermore, the movement is preparing for potential future Supreme Court compositions that might be more receptive to their arguments. They are also focusing on influencing public opinion and educating lawmakers about their legal interpretations. The strategy is not new, but it has gained renewed momentum with shifts in political and judicial landscapes. The ultimate aim is to achieve a legal or legislative outcome that would significantly alter or abolish the current system of birthright citizenship, impacting millions of individuals and families within the United States. This effort represents a significant push by conservative legal scholars and activists to reshape a fundamental aspect of American nationality law.