We are one changed mind away from reopening the question of who is born a citizen. The administration seems intent on doing so.
On Thursday, Donald Trump signed two executive orders seeking again to restrict birthright citizenship. Five weeks ago, on June 30, the Supreme Court struck down his first attempt to do so. Trump called that ruling “a very unfortunate decision” and has signed these new orders anyway.
The first order directs federal agencies to withhold citizenship documents from children born in the United States to parents in certain categories. White House deputy chief of staff Stephen Miller listed them: alien enemies, members of foreign terrorist organizations, and people who lobby on behalf of foreign governments. And according to the order, the administration can add new categories at any time.
The second order targets so-called birth tourism, delegating enforcement to the State Department and Homeland Security. It authorizes visa restrictions against women whom officials suspect are traveling to give birth.
The Fourteenth Amendment says clearly that all persons born in the United States are citizens. The Supreme Court affirmed that meaning in 1898 and again five weeks ago. Chief Justice John Roberts wrote that children born here to noncitizen parents “are citizens at birth.”
The vote on that case was six to three but on the constitutional question it was 5-4.
We are one changed mind away from reopening the question of who is born a citizen. The administration seems intent on doing so.
Notes To My Future Self 