The Trump administration has taken a significant legal step regarding the concept of birthright citizenship, which grants automatic U. S. citizenship to anyone born on American soil. This has long been considered established law, but recent developments challenge that notion.
• History Over Politics: In a recent Supreme Court brief, Team Trump is not focusing on political arguments but on historical interpretations surrounding birthright citizenship, arguing that the understanding of this citizenship has changed since the passage of the 14th Amendment.
• The 14th Amendment Context: The brief emphasizes that the amendment states citizenship applies to those "subject to the jurisdiction" of the U. S., which the administration interprets as requiring allegiance to the U. S., not merely physical presence.
• Historical Consensus: The brief cites legal opinions from the late 1800s to early 1900s, indicating that children of temporary visitors (like tourists) were historically not considered automatic citizens. This interpretation suggests that citizenship involves more than just location at birth; it includes loyalty and permanence within the U. S.
• Challenging Settled Law: The filing is disruptive as it questions a long-held belief about birthright citizenship being unchallengeable. Varying interpretations historically show that current understandings may have evolved through misuse of language and legal definitions.
Trump's legal team argues that the premise of birthright citizenship is more complex than previously thought and seeks to reopen the debate on citizenship in America. This move could significantly impact the ongoing discussions regarding immigration and citizenship laws in the country.
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