“TOO BAD FOR OUR COUNTRY”
Trump for years had threatened to limit who qualifies for citizenship at birth. Following Tuesday’s ruling, he wrote on his Truth Social platform that the ruling was “too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process.”
“No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!” Trump wrote.
The challengers to Trump‘s directive said the Supreme Court already had settled the question of birthright citizenship in an 1898 case called United States v. Wong Kim Ark, which recognized that the 14th Amendment grants citizenship by birth on U.S. soil, including to the children of foreign nationals.
“Not surprisingly, then, in the 128 years since, we have repeatedly understood the rule of Wong Kim Ark to guarantee citizenship to all children born in the United States and subject to its power,” Roberts wrote. “We see no reason to depart from that view today.”
The Trump administration contended that the 1898 precedent supported Trump‘s order because, according to the court‘s ruling in that case, at the time of his birth, Wong Kim Ark’s parents had permanent domicile and residence in the United States.
Roberts said there was “scant evidence” to support the Trump administration’s “dramatically revisionist view” of how to interpret the citizenship language of the 14th Amendment to limit birthright citizenship.
“If Congress intended to limit American citizenship to the children of those domiciled in the United States, nothing in the succinct language of the Citizenship Clause conveyed that design,” Roberts wrote.
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