The right to be United States by birth will be examined this Wednesday by Court Supremeone of the president’s workhorses Donald Trump, who decided to attend the hearing.
It is the first time that a sitting president attends the debates in the courtroom of highest court, according to the media Americans.
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When considering the position in January of last year, Trump signed a presidential decree that stipulated that children born in USA of parents who were in the country illegally or with temporary visas they would not acquire automatically the citizenship United States.
The decision was a challenge to the entire jurisprudence in force since the late 19th century, when a man named Wong Kim Ark, born in San Francisco in 1873, the son of parents who had come to USA coming from Chinawanted to return to the country after a trip to his parents’ land in 1895.
His entry was denied by border police under a Chinese Exclusion Lawto stop the immigration of that country.
The 14th amendment
Wong Kim Ark appealed to the 14th amendment of the Constitution American law, which proclaims that “all persons born or naturalized in USAand subject to its jurisdiction, are citizens of the United States and the State in which they reside.”
The Supreme Court agreed with him and recalled that this amendment, approved after the traumatic Civil war of 1861-65, served to confirm that the million of slaves of African origin releasedas well as their descendants, had the right to citizenship.
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For more than a century, USA has applied this rule broadly, to all born on its soil or in territories under its jurisdiction.
But the constant flow of undocumented immigrants in recent decades has led some jurists conservatives to demand a review of that right.
The children of diplomats For example, they do not have an automatic right to citizenship. United Statesnor the members of native tribes sovereigns.
Trump decree
The executive order of Trump part of the idea that anyone who found themselves in United States illegallyor with a targetedwas not “subject to the jurisdiction” of the country and was therefore excluded from the citizenship automatic.
Up to four judicial instances lower than the Supreme Court have declared that decree unconstitutional.
“To obtain citizenship (…), a person must be both born “in the United States” and be ‘subject to its jurisdiction,'” explains the government’s attorney general, John Sauer, in his argument before the Supreme Court.
“The children of foreigners temporarily present or from foreigners illegal They do not meet the requirements because their parents do not have a residence in USA and, therefore, they do not owe him the loyalty required,” he added.
Steven Schwinn, professor of constitutional law at the University of Illinois at Chicagosaid that he believes that the Supreme Court will likely rule in line with lower courts and will reject the challenge to the right of citizenship by birth.
“This is a court that has turned to history and tradition as an important guide to understanding the Constitution,” Schwinn told AFP.
“And it would be a little surprising if, after 150 years, we suddenly discovered that we’ve been misapplying the Clause. Citizenship” which was passed with the 14th amendment, he explained.
In Sauer’s view, automatic citizenship “provides a powerful incentive for illegal migration” and has encouraged “birth tourism“.
About 10 million of immigrants Hispanics found themselves in an irregular situation in the United States in 2023, according to figures from the Pew Center study center.
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