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Families fear what’s next in Trump birthright citizenship case
The justices could decide whether Trump’s order would deny citizenship to about 255,000 babies born each year, advocates said.
The Supreme Court nears a decision on President Trump's January 2025 executive order "Protecting the meaning and value of American citizenship," which could affect about 255,000 babies born annually, leaving them stateless.
Under the 14th Amendment, the Supreme Court ruled in 1898 in Wong Ark Kim's case that individuals born in the United States and "subject to the jurisdiction thereof" are automatically citizens—a mainstream legal interpretation Trump's order directly challenges.
Republican members of Congress, led by Texas Sen. Ted Cruz, filed a legal brief estimating 50,000 annual cases of "birth tourism" and argued the "national security implications of misconstruing the Citizenship Clause are thus real, immediate, and severe."
Noah Baron, assistant director of litigation for Asian Americans Advancing Justice, said the push has "thrown into chaos what millions of people thought was a settled question," while Temu Otting worried the ruling could jeopardize her family's rights.
Advocates fear the court could eventually allow Congress to strip citizenship from tens of millions of adults, as approximately 14 million people live in the United States without documentation and an additional 5.5 million to 6.5 million hold temporary or provisional status.