The US Supreme Court has upheld a Trump administration policy that denies automatic citizenship to children born in the United States to non-resident parents, a move aimed at curbing so-called birth tourism. The 6-3 ruling, delivered on Thursday, marks a significant shift in interpretation of the 14th Amendment's citizenship clause, which has long guaranteed birthright citizenship to anyone born on US soil.
What the Ruling Entails
The decision effectively ends automatic citizenship for children born to parents who are in the country temporarily, such as tourists, students, or those on work visas. Under the new rule, these children will not receive US citizenship unless at least one parent is a lawful permanent resident or US citizen. The policy, first proposed in 2019 and challenged in multiple courts, applies to births occurring after the ruling's effective date.
According to the majority opinion written by Justice Clarence Thomas, the 14th Amendment's phrase 'subject to the jurisdiction thereof' excludes those who are not fully subject to US legal obligations, such as tourists. 'Birthright citizenship was never intended to cover every person born on US soil, but only those who owe allegiance to the United States,' Thomas wrote.
Impact and Reactions
The ruling is expected to affect thousands of births annually. The Center for Immigration Studies estimates that birth tourism accounts for up to 36,000 births per year, primarily from China, Russia, and Nigeria. Critics argue the decision undermines a long-standing legal precedent and could create a class of stateless children.
Justice Sonia Sotomayor, in a dissenting opinion, called the ruling 'a betrayal of the 14th Amendment's promise of equality.' She wrote: 'For over a century, jus soli has been a bedrock principle of American citizenship. Today, the court erodes that foundation.'
White House Press Secretary Karine Jean-Pierre said the Biden administration 'strongly disagrees' with the decision, calling it 'a dangerous departure from our nation's values.' She added: 'We are exploring all options to protect the integrity of birthright citizenship.'
Broader Implications
The decision is likely to face further legal challenges, potentially including a constitutional amendment effort. Immigration advocates have vowed to continue fighting, while supporters of the rule argue it closes a loophole exploited by wealthy foreigners to secure US citizenship for their children.
The ruling does not affect children born to undocumented immigrants, as they are considered subject to US jurisdiction under current law. However, legal experts warn that the logic of the decision could be applied to other groups in future cases.
