Any child born on U.S. soil has a right to citizenship. It was established by the 14th Amendment in 1868, and affirmed by the U.S. Supreme court 128 years ago. On Wednesday, the high court is set to hear oral arguments in a case that could narrow or even end birthright citizenship in Trump v. Barbara.
The Trump administration has argued the “privilege” has been too freely applied to children of non-citizens. “Hundreds of thousands of people are pouring into our country under birthright citizenship, and it wasn’t meant for that reason,” President Trump said last year.
If this constitutionally protected right is struck down by the court, it would apply to children born on or after Feb. 20, 2025. According to a projection by the nonpartisan Migration Policy Institute and Penn State, that could result in about 255,000 U.S.-born children beginning life without U.S. citizenship every year. By 2045, that could add up to 4.8 million children.
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