Supreme Court Reviews Birthright Citizenship Amid Legislative Changes

May. 15, 2025, 10:42 am ET

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30-Second Take

  • The U.S. grants citizenship to anyone born on its soil, a principle known as birthright citizenship.
  • A new bill, the Birthright Citizenship Act of 2025, aims to limit this right to children of U.S. citizens or lawful permanent residents.
  • The Supreme Court is considering the constitutionality of birthright citizenship in an ongoing dispute.

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Quick Brief

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Essential Context

Birthright citizenship is a fundamental principle in the United States, guaranteed by the Fourteenth Amendment to the Constitution. It states that anyone born in the U.S. is automatically a U.S. citizen, regardless of the parents’ immigration status.

Core Players

  • Sen. Lindsey Graham (R-South Carolina) – Sponsor of the Birthright Citizenship Act of 2025 in the Senate.
  • Rep. Brian Babin (R-Texas) – Sponsor of the Birthright Citizenship Act of 2025 in the House.
  • The Supreme Court – Currently considering the constitutionality of birthright citizenship.
  • U.S. Citizenship and Immigration Services (USCIS) – Responsible for implementing citizenship laws.

Key Numbers

  • 37 – Number of countries that grant birthright citizenship.
  • 2 – Number of Senate cosponsors for the Birthright Citizenship Act of 2025.
  • 51 – Number of House cosponsors for the Birthright Citizenship Act of 2025.
  • 1868 – Year the Fourteenth Amendment was ratified, establishing birthright citizenship.

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The Catalyst

The Birthright Citizenship Act of 2025, introduced by Sen. Lindsey Graham and Rep. Brian Babin, seeks to alter the long-standing practice of granting U.S. citizenship to children born in the country, regardless of their parents’ immigration status.

This bill would limit citizenship at birth to children with at least one parent who is a U.S. citizen, a lawful permanent resident, or a lawful permanent resident performing military service.

Inside Forces

The debate over birthright citizenship is deeply rooted in interpretations of the Fourteenth Amendment. Proponents of the bill argue that the amendment’s phrase “subject to the jurisdiction” of the U.S. does not apply to children of undocumented immigrants.

Opponents argue that this interpretation is too narrow and that the amendment’s intent was to ensure citizenship for all born on U.S. soil.

Power Dynamics

The Supreme Court’s consideration of birthright citizenship cases adds significant weight to the debate. The Court’s decision could either uphold the current interpretation of the Fourteenth Amendment or pave the way for legislative changes like those proposed in the Birthright Citizenship Act of 2025.

Political and public opinion is divided, with some arguing that limiting birthright citizenship is necessary for national security and others seeing it as an attack on a fundamental American principle.

Outside Impact

The potential changes to birthright citizenship have broad implications for immigration policy and the lives of millions of individuals. It could affect the status of children born to undocumented immigrants, potentially leaving them without a clear path to citizenship.

International reactions may also be significant, as other countries consider the U.S. model when formulating their own citizenship laws.

Future Forces

The outcome of the Supreme Court’s deliberations and the fate of the Birthright Citizenship Act of 2025 will shape the future of U.S. citizenship laws. If the bill passes, it could lead to a significant shift in how the U.S. approaches citizenship and immigration.

Key areas to watch include:

  • Legislative actions in Congress.
  • Supreme Court rulings on related cases.
  • Public and political reactions to proposed changes.

Data Points

  • May 14, 2025: Oral arguments in the birthright citizenship dispute were heard by the Supreme Court.
  • April 15, 2025: The Birthright Citizenship Act of 2025 was introduced in both the Senate and the House.
  • 1868: The Fourteenth Amendment was ratified, establishing birthright citizenship.
  • 1898: The Supreme Court case United States v. Wong Kim Ark reaffirmed birthright citizenship for children born in the U.S.

The ongoing debate over birthright citizenship highlights the complex and evolving nature of U.S. immigration and citizenship laws. As the Supreme Court and Congress consider these issues, the future of American citizenship hangs in the balance.