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Supreme Court Path for President Trump on Birthright Citizenship
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President Trump's Executive Order (EO) 14160 aims to end birthright citizenship for children of illegal aliens, tying it to his declared border invasion. The order directs agencies not to issue citizenship documents to such children, arguing they are not subject to U.S. jurisdiction. Legal arguments reference historical cases: Dred Scott v. Sandford (1857), which denied African American citizenship, and Elk v. Wilkins (1884), which ruled Native Americans weren't citizens. Wong Kim Ark (1898) granted citizenship to a Chinese immigrant's child, but the ruling included non-binding dicta. Trump's administration, citing the Fourteenth Amendment's jurisdiction clause, argues illegal aliens are akin to foreign soldiers, excluding their children from citizenship. The administration seeks a Supreme Court ruling supporting the EO under current law or prompting congressional action. Additionally, Trump's border emergency declaration may bolster the case. Outcomes could include a Supreme Court victory or legislative changes.
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