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A history of birthright citizenship at the Supreme Court
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On January 20, 2025, President Trump signed an executive order to end birthright citizenship for U.S.-born children whose parents are not legal citizens in the country. When the Fourteenth Amendment was ratified in 1868, U.S. citizenship was granted to all people born or naturalized inside the United States. The amendment was designed, in part, to overturn the Dred Scott decision from 1857 that infamously determined that Blacks could never be American citizens. It reads, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The Fourteenth Amendment has been cited by some to establish policies that children born in the U.S. should be granted automatic citizenship, regardless of their parents’ citizenship status. However, others argue that this birthright citizenship policy needs to be reformed.
Proponents of reforming birthright citizenship argue that the policy incentivizes unlawful immigration and contributes to issues where non-citizens travel to or illegally immigrate to the United States to give birth to ensure their children automatically gain citizenship. Proponents of ending this policy believe that citizenship should be based on parental citizenship status rather than birthplace alone. They argue that the Fourteenth Amendment was originally intended to give former enslaved people citizenship, and that its application to give citizenship to all children born in the U.S., regardless of their parents’ citizenship, violates its original intent.
Opponents of reforming birthright citizenship argue that current birthright citizenship policy has become a fundamental principle of the American system. They argue that the Fourteenth Amendment should be interpreted broadly to ensure that anyone born here can enjoy the benefits of citizenship, regardless of their parents’ citizenship status. They may also argue that ending birthright citizenship in its current form could result in bureaucratic complications and potential conflicts with constitutional protections.
So, what do you think? Should the U.S. reform its birthright citizenship laws? Students can answer, “Yes, they should;” “No, they should not;” or a nuanced answer in between! Be sure to submit your responses by February 27 to be considered for this week’s contest.
Note: Ideal Think the Vote responses include the following:
For this question, BRI will be giving away two $25 gift cards, one to each person providing the best defense of each side of the debate. Both students will also win BRI swag. Each student winner will also be entered for a chance to win a grand prize of a $1,000 cash scholarship. Additionally, the referring teachers for both students will each win a $25 gift card and BRI swag.
This question will run from 2/13/25 to 2/27/25, so be sure to submit your answers in time to be considered for our prizes!