
By Natalia Mittelstadt | Just the News
“Birthright citizenship has been the rule for a very long time,” Justice Elena Kagan said.
The Supreme Court on Wednesday mostly appeared skeptical of the Trump administration’s argument to end birthright citizenship for babies born to parents who are not U.S. citizens.
Solicitor Gen. D. John Sauer argued Wednesday before the high court, with President Trump in attendance, that birthright citizenship “rewards illegal immigration” and urged the justices to rule that the children of temporary visitors and illegal immigrants should not be deemed as citizens at birth, the Los Angeles Times reported.
Most of the justices, on the 9-member bench, said the Constitution had been interpreted for more than a century to grant citizenship to “all persons born” in the U.S., regardless of the citizenship status of their parents.
Justices Neil Gorsuch and Amy Coney Barrett said the 19th-century debates over citizenship focused on newborns, not their parents’ legal status.
“In none of the debates are parents discussed,” Gorsuch said.
Barrett said the 14th Amendment’s framers declared a “new type of American citizenship. … They don’t focus on the parents. They focus on the child.”
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