Defending Birthright Citizenship
The Supreme Court’s consideration of Trump v. CASA threatens to upend a foundational principle of American constitutional law: the guarantee of birthright citizenship under the Fourteenth Amendment. The argument advanced by former President Trump and his allies—to exclude the U.S.-born children of undocumented immigrants from citizenship—is not only legally untenable but historically, economically, and jurisprudentially dangerous. Based on the clear constitutional text, historical precedent, and the weight of legal scholarship and judicial reasoning, this Court must reject Trump v. CASA. The doctrine it seeks to overturn is not “egregiously wrong,” has not caused negative consequences, and its reversal would severely disrupt the nation’s reliance on settled law.
I. The Fourteenth Amendment Is Clear: Birth on U.S. Soil Grants Citizenship
The Citizenship Clause of the Fourteenth Amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The plain text offers no ambiguity. As reaffirmed by the U.S. District Court in Coughenour’s Order (United States District Court for the Western District of Washington. (2025), and repeatedly emphasized in the USCA Plaintiff States’ Answering Brief and the SCOTUS Syllabus, the phrase “subject to the jurisdiction thereof” excludes only those immune from U.S. law, such as foreign diplomats—not immigrants, whether documented or not (Supreme Court of the United States, 2025; United States Court of Appeals for the Ninth Circuit, 2025).
The historical context reinforces this interpretation. In United States v. Wong Kim Ark (1898), the Supreme Court held that a child born in the U.S. to Chinese immigrants—then ineligible for naturalization—was a citizen. This controlling precedent binds the Court today. The Trump administration’s attempt to redefine “jurisdiction” contravenes both precedent and original intent, as amicus briefs from the Center for Constitutional Jurisprudence and several legal historians (see Pro Congress Amicus 2025 (Weinberg et al., 2025), Pro Dickson Amicus 2024) show in compelling detail.
II. Trump v. CASA Fails All Three Tests for Overruling Precedent
1. The Precedent Is Not Grievously Wrong
The standard for overturning precedent is not mere disagreement but egregious error. Wong Kim Ark and its progeny are not only doctrinally correct but essential to constitutional coherence. The Meese Amicus Brief claims that the original meaning of “jurisdiction” supports the Trump administration’s view, but their reading collapses under historical scrutiny (Meese, 2025). Congress’s own arguments (Pro Congress Amicus 2025) demonstrate how both Reconstruction-era lawmakers and early courts understood “jurisdiction” to include nearly all persons physically present on U.S. soil. There is no grievous error to correct (Members of Congress, 2024).
The legal coherence of the Wong Kim Ark precedent is further reinforced by its alignment with long-standing principles of Anglo-American common law, which historically granted citizenship based on jus soli—the right of the soil. As the Plaintiff States Answering Brief underscores, the drafters of the Fourteenth Amendment intentionally chose this inclusive approach to ensure that all those born within the territorial jurisdiction of the United States, excluding only narrowly defined categories like diplomats, would receive equal protection and status under the law (United States Court of Appeals for the Ninth Circuit, 2025a). Attempts to now carve out exceptions based on parental immigration status would not only rewrite this intent but distort the very structure of constitutional interpretation. No new historical evidence or legal evolution has emerged that renders the Wong Kim Ark framework obsolete or deeply flawed. On the contrary, its continuing application proves its durability and correctness. Thus, the precedent stands not as a grievous error, but as a cornerstone of America’s constitutional promise.
2. No Significant Negative Jurisprudential or Real-World Consequences
The precedent has generated negative effects—not at all. The decades of continuity of citizenship for all U.S.-born kids have generated legal continuity, social harmony, and a knowable rule of law. The BAMN and Chin amicus briefs (CON) (Chin et al., 2025) bemoan illegal immigration and social expense, but these are congressional policy arguments, not constitutional re-readings for the Court. And the economic contributions of U.S.-born kids of immigrants are staggering. Studies referenced in the Plaintiff States Answering Brief illustrate that these individuals are more likely to pay taxes, work, and graduate, thus making the economy stronger, not weaker (American Immigration Council, 2024).
Also, as Executive Order 14160 (2025) confirms, birthright citizenship supports integration and not exclusion (Executive Office of the President, 2025). Limiting citizenship would create a permanent underclass and cause stateless children to arise and violate international human rights norms, as defined in the Local Government Amicus Brief (CON) against Trump’s position in spite of being under “CON” (Public Rights Project, 2025).
3. Overruling Would Unduly Upset Reliance Interests
American governments, institutions, and families have functioned for more than a century under the presumption that birth within U.S. territory is equivalent to citizenship. Turning this around would not alter the law—it would retroactively denationalize millions of individuals. As the Iowa SCOTUS Amicus Brief 2025 describes, dependence on this doctrine is pervasive, from state departments granting driving licenses to schools admitting students as citizens (Bird & Wessan, 2025). Betrayal of that trust would cause monumental bureaucratic disruption, psychic trauma, and civic destabilization.
Children and families have built lives, careers, and communities based on the certainty of their constitutional status. To remove that certainty now, as Trump v. CASA seeks to do, would violate the very rule-of-law values that the Court purports to uphold.
III. Immigration Law and Racial Preference: A Dark History Not to Be Repeated
The Trump administration’s selective reinterpretation of the Fourteenth Amendment echoes past immigration laws that favored white European immigrants. The United States has a shameful history of racially motivated immigration restrictions—such as the Chinese Exclusion Act and national origin quotas—which the Fourteenth Amendment was intended to counterbalance (United States Constitution Annotated, 2004). Amicus briefs like the Pro CCJ Amicus Brief 2025 warn that Trump v. CASA would reinstate a racialized citizenship policy in all but name, undermining a century of progress toward equality under the law (The Claremont Institute’s Center for Constitutional Jurisprudence, 2025).
Rather than correcting a constitutional wrong, Trump’s legal strategy imposes one. It punishes children—born under American laws, within American borders—for the status of their parents. This is neither constitutionally justified nor morally defensible.
Conclusion: Uphold the Constitution, Reject Trump v. CASA
The case for maintaining birthright citizenship is legally sound, historically grounded, and morally just. Trump v. CASA fails every test for reversing precedent. The controlling law is not egregiously wrong, it has not produced harmful consequences, and millions of people have rightly relied on it. To overturn this doctrine would not restore constitutional fidelity; it would betray it.
The Court should affirm the district and appellate courts’ rulings and reject the dangerous revisionism at the heart of Trump v. CASA. Birthright citizenship is not a loophole. It is a promise—a constitutional commitment to equality and inclusion—that must be kept.
References
American Immigration Council. (2024, October). Fact sheet: Debunking the myth of immigrants and crime. https://www.publicrightsproject.org/immigrants-crime-fact-sheet
B.A.M.N. (Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary). (2025, April 29). Brief amicus curiae of B.A.M.N. in support of respondents, Trump v. CASA, Inc., Nos. 24A884, 24A885, 24A886 (U.S. Supreme Court).
B.A.M.N. (Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary). (2025, April 29). Brief amicus curiae of B.A.M.N. in support of respondents, Trump v. CASA, Inc., Nos. 24A884, 24A885, 24A886 (U.S. Supreme Court).
Bird, B., & Wessan, E. (2025). Brief of Iowa and 19 other States as amici curiae in support of applicants, Donald J. Trump, et al. v. CASA, Inc., et al.; Donald J. Trump, et al. v. State of Washington, et al.; Donald J. Trump, et al. v. State of New Jersey, et al. Nos. 24A884, 24A885, 24A886. Supreme Court of the United States.
Chin, G. J., Lee, E., & Finkelman, P. (2025). Brief for Professors Gabriel J. Chin, Erika Lee, and Paul Finkelman as Amici Curiae in Support of Respondents, Nos. 24A884, 24A885, 24A886, Supreme Court of the United States.
Dickson, W. T. (2024). Brief of William T. Dickson as amicus curiae in support of applications for stay, Donald J. Trump, et al. v. CASA, Inc., et al., Nos. 24A884, 24A885, 24A886 (U.S.). Supreme Court of the United States.
Executive Office of the President. (2025, January 29). Executive Order 14160: Protecting the meaning and value of American citizenship. Federal Register. https://federalregister.gov/d/2025-02007
Meese, E. III. (2025). Brief of Former United States Attorney General Edwin Meese III as amicus curiae in support of applications for stay, Donald J. Trump, et al., Applicants, v. CASA, Inc., et al.; Washington, et al.; New Jersey, et al. (Nos. 24A884, 24A885, 24A886). Supreme Court of the United States.
Members of Congress. (2024). Brief of Members of Congress as Amici Curiae in support of applications for stays, Donald J. Trump et al. v. CASA, Inc., et al., Nos. 24A884, 24A885, 24A886 (U.S. Supreme Court).
Public Rights Project. (2025). Brief of Amici Curiae Local Governments and Local Government Officials in Support of Respondents, Donald J. Trump, et al. v. CASA, Inc., et al., Nos. 24A884, 24A885, 24A886 (U.S. July 2025). Supreme Court of the United States.
Supreme Court of the United States. (2025, June 27). Trump, President of the United States, et al. v. CASA, Inc., et al., 24A884.
The Claremont Institute’s Center for Constitutional Jurisprudence. (2025). Brief of amicus curiae the Claremont Institute’s Center for Constitutional Jurisprudence in support of applicants, Nos. 24A884, 24A885, 24A886. Supreme Court of the United States.
Trump v. CASA, Inc., et al., No. 24A (U.S. Supreme Court, Application for Partial Stay of Injunction, filed Jan. 20, 2025).
United States Constitution Annotated. (2004). Fourteenth Amendment: Rights guaranteed—Privileges and immunities of citizenship, due process and equal protection (pp. 1671–1959). U.S. Government Printing Office. https://www.govinfo.gov/content/pkg/GPO-CONAN-2004/pdf/GPO-CONAN-2004.pdf
United States Court of Appeals for the Ninth Circuit. (2025). Brief for Appellants, State of Washington, et al. v. Donald J. Trump, et al., No. 25-807 (9th Cir. Mar. 7, 2025).
United States Court of Appeals for the Ninth Circuit. (2025a, April 4). Plaintiff States’ Answering Brief, States of Washington, Arizona, Illinois, and Oregon v. Donald Trump et al., No. 25-807 (9th Cir.).
United States District Court for the Western District of Washington. (2025, February 6). Order granting preliminary injunction, State of Washington v. Trump, No. 2:25-cv-00127-JCC (W.D. Wash.).
United States v. Wong Kim Ark, 169 U.S. 649 (1898).
Weinberg, J., Jensen, D., Bass, M., & Chan, L. (2025). Brief of Members of the U.S. Congress as Amici Curiae in Support of Respondents. Nos. 24A884, 24A885, 24A886, Supreme Court of the United States.