I have a running joke that I read Supreme Court opinions so you don’t have to. If a decision comes down that I find interesting I call the Supreme Court and have them send me a copy of the opinion (and yes, America, your tax dollars pay for this). I did this back in
May when I wrote about
Learning Resources, Inc. v. Trump on tariffs.
On June 30, 2026 the court wrote their opinion on
Trump v. Barbara. A quick synopsis: on July 28, 1868, in shortly after the
Civil War the 14th Amendment was added to the
U.S. Constitution. It states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This has become known as “birthright citizenship” and the most proximate purpose was to grant citizenship to newly released slaves. But the understanding also normally expanded to anyone who was born here and this became an issue as we saw huge numbers of people immigrate to the United States in the decades since.
Ellis Island opened in 1892 and from then to 1954 about 12,000,000 men, women and children came through their gates. Immigrants weren’t automatically made citizens but any children born here were.
The
Supreme Court affirmed birthright citizenship in 1898 in the case of
United States v. Wong Kim Ark. Mr. Ark was born in San Francisco around 1870 to Chinese immigrants. In 1882 Congress passed (and the President signed) the
Chinese Exclusion Act which prohibited Chinese people from becoming American citizens. Mr. Ark sailed back to China to visit his family and, on his return in 1895, was denied readmission into the United States. He went to court, arguing that he was made a citizen at birth. By a 6-2 margin the Supreme Court agreed with him and he was allowed reentry.
In 2025 President Trump issued Executive Order 14160 refuting this. He argued that the phrase “subject to the jurisdiction thereof” denies citizenship to anyone born in the United States to a mother who is unlawfully here (and whose father isn’t a citizen) or anyone born to parents who are in the United States temporarily (e.g. on a student or tourist visa).
Ok maybe this wasn’t a quick synopsis. But the court ruled that the Executive Order is unconstitutional under the 14th Amendment and birthright citizenship remains the law of the land. So here’s my interpretation:
Both sides honed in on the phrase “subject to the jurisdiction thereof.” As an aside President Trump believes that the 14th Amendment was meant only for the
children of former slaves but the Court didn’t even mention that.
The majority held that the phrase “subject to the jurisdiction thereof” applies only to four categories:
- Children of diplomats: If your mother is in the United States only because she is a diplomat working for a foreign government, you’re not automatically a citizen.
- Children born on foreign flagged ships in an American port: If you were born aboard a foreign ship in American waters.
- Children born to foreign occupiers: If your mother was in the United States as a member of a foreign army occupying land in the United States.
- Children born to Indians (Native Americans) on a reservation: If you were born on a reservation you were considered a citizen of that nation; it was called a “domestic dependent nation.” This became moot in 1924 when the Indian Citizenship Act was signed into law.
The minority opinion argued at great length that you cannot automatically become a citizen unless your parents were “permanently domiciled” in the United States, that is, owed no allegiance or loyalty to any other nation or sovereign and had no intention of returning.
Only by proving absolute and eternal loyalty to the United States could your children be granted automatic citizenship. “Subject to the jurisdiction thereof” means that any interest in or loyalty to another country of sovereign, no matter how small, bars your children from being citizens. Furthermore, if you are not here legally there is no way you can be loyal to the United States as you have already shown a disregard for our laws.
OK, so this is my blog and it means I get to write my opinion. This should surprise nobody but I agree with the majority and am frightened that this wasn’t a unanimous decision. Here are my reasons:
- Let’s begin with the case of undocumented persons (ie here illegally). I hold that people who came here without documentation didn’t come here with the intent of breaking our laws. They came because they were hungry, or fleeing violence, or just hoped to make a better life for themselves and their children. I think this calls us to reform our immigration system, not to exclude good hardworking people.
- Immigrants came to our shores for different reasons and had different views on their homelands. In the 1970s many Americans of Irish descent supported the Irish Republican Army in their quest to break free of British rule. According to the minority opinion these Americans would be denied citizenship because of their support of Northern Ireland.
- I live in the same neighborhood as the University of California, San Diego. Many are here under student visas and wish to stay here after they complete their studies but have difficulty navigating the Byzantine process of gaining permanent residency. They are bright, motivated, hard working and would greatly benefit our nation. Their status has nothing to do with them and everything to do with our broken immigration system.
- As a subset we also have people who come here intending only a temporary stay but change their mind when they see the possibilities that not available to them in their home countries. Again, this says more about us than about them.
Finally, on a personal note. My father’s parents were both born in Canada and arrived here shortly before 1918. They came because they knew they would have more opportunity for a good life here and they were right. They had 7 children between 1920 and 1931. Five of them were sons. Of the five sons, four served in World War II or Korea or both. One of them served in World War II, Korea and Vietnam. And while they loved the United States they never stopped caring about Canada; one of my favorite childhood memories took place the summer of 1973 when we took my grandmother back to Canada to visit her surviving siblings. If you believe my grandparents weren’t true Americans don’t tell me. I won’t take it well.