Tag

Wong Kim Ark

All articles tagged with #wong kim ark

policy2 hours ago•32 min saved

Trump Tests Birthright Citizenship Boundaries With Narrower Order

President Donald Trump issued a narrower executive order aimed at stripping citizenship from some Americans born in the United States, in a bid to test where the Supreme Court will draw the line on birthright citizenship. Vox’s explainer situates the move against long-standing precedent from Wong Kim Ark and the Barbara v. Barbara decision, arguing that most provisions—such as denaturalizing children of diplomats or so-called birth tourists—are unconstitutional, with outcomes depending on five Supreme Court votes and potential future vacancies.

via vox.com|

#birthright-citizenship #donald-trump #immigration

law1 month ago•6 min saved

Birthright Citizenship Sparks Split in the Court's Originalist Debate

The Supreme Court shows a fissure in originalist thinking over birthright citizenship: Roberts writes for the majority upholding birthright under the Fourteenth Amendment, joined by Barrett and the court's liberal justices; Justices Thomas and Alito dissent, with Gorsuch partly aligning, and Kavanaugh voting with the majority, suggesting Congress could legislate exceptions. The ruling highlights the ongoing clash between a strict originalist reading and evolving circumstances in immigration and other issues, foreshadowing further debate.

via Los Angeles Times|

#birthright-citizenship #fourteenth-amendment #immigration

politics1 month ago•6 min saved

Congress Holds the Key to Birthright Citizenship, Says Opinion

An opinion piece argues the Supreme Court erred in Trump v. Barbara by granting automatic birthright citizenship under the 14th Amendment. It contends the clause reflects allegiance to the sovereign and not blanket citizenship for children of those under foreign power, citing historical debates and Wong Kim Ark. The author urges Congress to act—potentially by invoking invasion clauses to deny automatic citizenship for the children of illegal entrants and birth tourists, allowing naturalization instead—and suggests overturning Barbara via legislation or a constitutional amendment as a longer-term fix.

via Daily Signal|

#14th-amendment #birthright-citizenship #congress

politics1 month ago•70 min saved

Court preserves birthright citizenship, rejects Trump’s limits

The Supreme Court rejected President Trump’s bid to narrow birthright citizenship, upholding the 14th Amendment’s Citizenship Clause and the entitlement of most people born in the U.S. to citizenship, in line with Wong Kim Ark precedent; a notable dissent by Justice Thomas criticized the decision.

via AP News|

#birthright-citizenship #citizenship #immigration

politics4 months ago•9 min saved

Supreme Court weighs Trump's birthright citizenship bid in immigration test

The Supreme Court will hear Trump's executive order to end birthright citizenship for children born to noncitizens or temporary residents, a move that tests the Citizenship Clause and federal immigration law; lower courts have signaled it is likely unconstitutional, and a decision is expected by late June or early July potentially affecting hundreds of thousands of births.

via CBS News|

#14th-amendment #birthright-citizenship #immigration-policy

politics4 months ago•6 min saved

Trump Reframes Birthright Citizenship With 1884 Elk Case

Trump’s administration argues, citing the 1884 Elk v. Wilkins ruling, that birthright citizenship is not automatic for everyone born in U.S. territory and seeks an executive order to limit it to children of U.S. citizens or permanent residents; the plan is paused by courts and faces challenges from the ACLU, with experts noting Elk’s narrow scope and Wong Kim Ark providing competing precedent.

via NBC News|

#14th-amendment #birthright-citizenship #elk-v-wilkins

politics4 months ago•41 min saved

An old white-supremacist idea haunts Trump's birthright citizenship case

Vox traces Trump’s birthright-citizenship challenge to a 19th‑century white supremacist argument popularized by lawyer Alexander Morse, who argued that citizenship should be denied to the children of foreigners transiently in the U.S. and, in practice, to Chinese Americans. Morse later abandoned the approach, and Wong Kim Ark settled the Citizenship Clause, but Trump’s brief echoes that old theory even as the constitutional text and Wong Kim Ark undermine it; the legal case against birthright citizenship remains strong.

via Vox|

#birthright-citizenship #fourteenth-amendment #immigration