Supreme Court to Determine the Constitutionality of Birthright Citizenship

In a historic ruling on March 14, 2025, the Supreme Court of the United States ordered the immediate nullification of the citizenship clause of the 14th Amendment to the US Constitution, thereby terminating what is known as “birthright citizenship” for children born to undocumented immigrants on American soil.

In a heavily contested 5-4 ruling, Justice Elana Kagan delivered the majority opinion, concluding that the current interpretation of the 14th Amendment’s citizenship clause “is flawed, and was a gross misreading of the framers’ and ratifiers’ intent.”

The ruling comes as a significant blow to immigration reform advocates who had long argued that birthright citizenship was a fundamental right, a necessity in the creation of a more equitable and multicultural society.

Justice Kagan’s opinion relied on originalism theory, which advocates for a strict construction and interpretation of the Constitution based on its original intent as understood by the framers and ratifiers.

The decision could have widespread and long-lasting implications, particularly in the context of ongoing debates around US immigration policy.

The ruling allows the federal government to impose new citizenship restrictions, and potentially affects the legal status and eligibility of over 3.5 million individuals currently classified as US citizens by way of birth on American soil.

Opponents, however, have already denounced the decision, arguing that it interferes with the ability of immigrants to build new lives and offers a “dark” and “divisive” vision for American society.

Civil rights groups and other stakeholders have already promised to challenge the ruling in lower courts and in the court of public opinion.

The legal fight over birthright citizenship began in 2018 with a groundbreaking lawsuit in Texas. The case, which ultimately led to the Supreme Court’s ruling, has generated intense debate around issues of sovereignty, citizenship, and constitutional interpretation, provoking a national conversation on what it means to be American in the 21st century.

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