“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” from Clause 1, Section 1, Amendment 14.
The above text, though not by any explicit usage of language, granted American citizenship for all those “born or naturalized in the U.S.,” setting a common conception of citizenship which has endured for decades. As of late, however, this precedent has been called into question, including by the President himself.
Primarily drafted to address the grievances of African Americans denied citizenship by the infamous decision in Dred Scott v. Sanford of 1857, the 14th amendment was a major breakthrough in Civil Rights and amongst the mightiest victories of Reconstruction.
By no means has the amendment’s relevance wavered after the decline of Black Codes; if anything, it has suddenly experienced a marked resurgence in importance as President Trump’s strict immigration agenda has made its way to the highest court in the land. Trump’s Attorney General, John Sauer, argued before the Supreme Court in Trump v. Barbara that the phrase “subject to the jurisdiction thereof” exempts children born of foreign parents living in America without citizenship (i.e. not naturalized), for they owe allegiance to another country and therefore cannot truly be under American oversight.
According to reports, the Justices were skeptical of this approach, citing the landmark case of Wong Kim Ark, the decision which appears to directly contradict Sauer’s remarks; in this case, Ark was born to parents of Chinese heritage and citizenship, yet who resided in America. Nevertheless, Ark was denied citizenship by the Chinese Exclusion Act, a nativist bill barring citizenship to those of Chinese ancestry. Noting the unconstitutionality of the law, Ark gained his rights by a final victory in the judicial system.
Though a final verdict has not yet been reached, it is certain that whatever the result, Trump v. Barbara shall be a historic moment in the fascinating history of this most preeminent amendment.
