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Supreme Court Clears Path for Trump’s Birthright Citizenship Ban in 28 States

James Yoo Views  

The Trump administration’s policy to end birthright citizenship will take effect in 28 conservative-leaning states, including Texas and Florida, starting on July 27. This policy will deny automatic U.S. citizenship to all individuals born in the country, regardless of their parents’ nationality or immigration status.

On June 27, the U.S. Supreme Court ruled that the 28 states must comply with Trump’s executive order within 30 days, barring any separate lawsuits. This decision excludes 22 states that have already blocked the order at the state level.

Donald Trump, President of the United States / GettyimagesKorea
Donald Trump, President of the United States / GettyimagesKorea

The Supreme Court ruled that no single court can issue an injunction to block the nationwide effectiveness of a federal policy.

Following the ruling, Trump hailed the decision as a huge victory on his social media platform, Truth Social, claiming that the birthright citizenship scam had been significantly undermined.

The 22 states where the birthright citizenship ban remains blocked include Washington, Arizona, Illinois, Oregon, New Jersey, Massachusetts, California, New York, Connecticut, Rhode Island, Michigan, Colorado, Delaware, Nevada, Hawaii, Maryland, Maine, Minnesota, New Mexico, Vermont, Wisconsin, and North Carolina.

In the remaining 28 states, Trump’s policy to end birthright citizenship will take effect.

Key Aspects of the Birthright Citizenship Restriction Policy

Shortly after taking office on January 20, Trump signed an executive order aimed at limiting the recognition of U.S. citizenship. Under this order, children born in the U.S. will only be granted citizenship if at least one parent is a U.S. citizen or a lawful permanent resident.

Specifically, the policy denies citizenship to children whose mother is an undocumented immigrant or on a temporary visa, and whose father is neither a U.S. citizen nor a lawful permanent resident.

This policy marks a significant departure from the principle of birthright citizenship, which is enshrined in the 14th Amendment of the U.S. Constitution.

Under the previous system, anyone born on U.S. soil automatically received citizenship, regardless of their parents’ nationality or immigration status.

A protest related to birthright citizenship was held in front of the U.S. Supreme Court in Washington, D.C,. on May 14 / GettyimagesKorea
A protest related to birthright citizenship was held in front of the U.S. Supreme Court in Washington, D.C, on May 14 / GettyimagesKorea

This ruling comes at a time of heightened political tensions over U.S. immigration policy.

Birthright citizenship has long been a cornerstone of the U.S. immigration system. Attempts to restrict it have sparked intense opposition from immigrant communities and civil rights groups across the country, who argue that such policies undermine fundamental American values and rights.

James Yoo
jamesyoo@insightmsn.com

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