The US Supreme Court is set to hear arguments on Wednesday in a case challenging Donald Trump's executive order on birthright citizenship. Cody Wofsy, lead counsel for the plaintiffs, argues that the order contradicts 128 years of legal precedent. The case, Trump v Barbara, centers on the citizenship clause of the 14th Amendment, which guarantees that all persons born in the US are citizens.
Wofsy, working with the ACLU, contends that the birthright principle has been a cornerstone of American law since the nation's founding, inherited from English common law. The rule was reaffirmed after the Civil War to overturn the Supreme Court's Dred Scott decision, which denied citizenship to Black Americans. The 14th Amendment was drafted to enshrine universal birthright citizenship, ensuring that children of immigrants, including those of Chinese descent, were citizens.
The executive order targets babies born to parents without permanent immigration status, including those on work or student visas, Daca recipients, and asylum seekers. Wofsy warns that the order could deny citizenship to tens of thousands of babies each month and cast doubt on the status of millions more. The Supreme Court's decision will determine whether the US adheres to its historical commitment to equal citizenship or turns back the clock.
