What Will Happen to Birthright Citizenship?

The Supreme Court heard arguments on February 28, 2024, regarding the interpretation of the Fourteenth Amendment and its implications for birthright citizenship. The case, which centers on whether individuals born in the United States to parents who are not U.S. citizens or legal residents are automatically granted citizenship, could potentially alter long-standing legal precedent. Justice Elena Kagan questioned the scope of the amendment, noting that it has been understood for over a century to grant citizenship to all persons born or naturalized in the United States. The arguments touched upon historical interpretations of the amendment, including the intent of its framers following the Civil War. The potential impact of any ruling extends to millions of individuals and could affect immigration policy and the legal status of U.S.-born children of undocumented immigrants. The Court's decision is anticipated to clarify the definition of "subject to the jurisdiction thereof" as it applies to birthright citizenship. This legal question has significant social and political ramifications, and the outcome will be closely watched by legal scholars, policymakers, and advocacy groups.