The Supreme Court chamber will be packed on Wednesday, as the justices hear arguments in a case that almost certainly will result in a historic ruling. At issue is President Trump’s challenge to a constitutional provision that has long been interpreted to guarantee American citizenship to every child born in the United States.
Listen to arguments and live NPR special coverage beginning at 10 a.m. ET:
Trump has long maintained that the Constitution does not guarantee birthright citizenship. So, on Day 1 of his second term, he issued an executive order barring automatic citizenship for any baby born in the U.S. whose parents entered the country illegally or who were here legally, but on a temporary, or even a long-term visa.
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“We are the only country in the world that does this with birthright,” Trump said as he signed the executive order. “And it’s absolutely ridiculous.”
That actually is not true. There are nearly 33 countries, mainly in North and South America, that have birthright citizenship — including, among others, Canada, Mexico, Brazil and Argentina.
Can’t see the video above? Watch it here.
D-Day for Trump’s attack on birthright citizenship
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But Trump has long been determined to rid this country of its longstanding protection for birthright citizenship. Wednesday is D-Day in that effort, and to understand the issues, it’s worth taking a stroll through American history.
While citizenship was not defined at the nation’s founding, the colonists were largely pro-immigrant, according to University of Virginia law professor Amanda Frost, author of American Birthright: How the Citizenship Clause made America American, due out in September.
The founders “wanted to populate this mostly empty continent,” she observes, adding that, in fact, one of the complaints against the British king in the Declaration of Independence was that the British “were discouraging immigration.”
Indeed, she notes, after the Revolutionary War, even those who had been loyal to the king but wanted to stay in America were granted U.S. citizenship.
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