DELANO, Calif. (KERO) — For more than 150 years, being born on U.S. soil has meant automatic citizenship. However, that’s up for debate now with a new executive order attempting to restrict this.
The Supreme Court heard arguments on Wednesday over the constitutionality of President Donald Trump’s efforts to ban birthright citizenship by executive order.
The administration argued that the 14th amendment was never meant to automatically grant citizenship to children born to parents here illegally.
Opponents stated that the Constitution, through the 14th amendment, clearly guarantees citizenship to nearly everyone born in the U.S.
“I understand people's concerns of about like hey maybe they should’ve entered legally, I understand that but at the same time you have people who are escaping poverty or dictatorship,” said legal assistant Samantha Martinez.
Samantha Martinez is one of millions born in the U.S. to parents without legal status. Her father drives trucks, and her mother works for a charity.
She says her parents worked hard to give her and her siblings a better life, which is why she calls President Trump’s executive order unfair.
The order, proposed by the president in 2025, would eliminate birthright citizenship to children born to undocumented immigrants living in the U.S.
The president, taking to social media writing in part, “We are the only Country in the World STUPID enough to allow “Birthright” Citizenship!”
The order would only apply to babies born after February 2025. However, immigration attorney Win Eaton says there would be many roadblocks because of the 14th Amendment which guarantees citizenship for anyone born on U.S. soil, regardless of their parents’ status.
“If this administration is successful with this executive order that wouldn’t stop any future administration from trying to denaturalize people who born here of undocumented parents, it wouldn’t stop this administration from changing their minds,” said Eaton.
Birthright citizenship has been guaranteed in the United States since the 14th Amendment was ratified in 1868.
Data from PEW research shows out of the 4 million babies born in the U.S in 2016, 6% of them were born to undocumented immigrants.
Child to migrant parents Kathie Felix says she hopes that lawmakers can truly look at the people that will be affected by the order.
“Although they didn’t migrate here the right way or legally, maybe the processes that they’re taking and the way that they’re living here in the U.S is completely legal, they’re doing everything, they’re going to work, they’re doing their taxes, and I just think its sad that they’re overlooking that,” said Felix.
Any changes to birthright citizenship aren’t happening right away. The executive order is blocked, with the Supreme Court expected to make a decision later this summer.
WATCH SCRIPPS NEWS COVERAGE OF HOW SUPREME COURT JUSTICES APPEAR SKEPTICAL OF TRUMP BIRTHRIGHT CITIZENSHIP ORDER BELOW:
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