In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Affirmed by the United States Supreme Court in 1898 in the case, United States v. Wong Kim Ark, this right extends to any child born in the United States, regardless of the child’s parents’ nationality and regardless of whether that child later lives in another country.
Recently President Trump signed an executive order to deny birthright citizenship to specific categories of individuals. The executive order was immediately challenged in the federal courts, and it in all probability the United States Supreme Court will once again be tasked with interpreting the Fourteenth Amendment.
The executive order would deny citizenship to those babies born of undocumented immigrants or those in the country with temporary status. It is the latter category that is the subject of this blog.