How the Birthright Citizenship and Nationwide Injunctions Case Began
The case focused on whether a single federal judge had the power to freeze a federal policy for the entire country, a long-simmering debate.
Despite the dry-sounding legal issue, the case involved something urgent: an executive order signed by President Trump on his first day back in office. In fewer than 800 words, and with a signature scrawled in thick Sharpie, the president declared an end to birthright citizenship, the principle that children born in the United States are citizens.
Birthright citizenship is rooted in English common law. It was enshrined in the U.S. Constitution in 1868 in the 14th Amendment, which reads: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.'
In one of its most notorious cases, Dred Scott, the Supreme Court in 1857 denied citizenship to the descendants of slaves, helping prompt the Civil War. The 14th Amendment erased that finding and expanded citizenship to almost anyone born in the United States.
In 1898, the justices again considered birthright citizenship in the case of Wong Kim Ark. Mr. Wong was born in San Francisco's Chinatown, the child of parents who were part of a wave of Chinese laborers who came to the United States in the mid-1800s. Officials argued that birthright citizenship did not apply to him because he and his parents were not 'subject to the jurisdiction' of the United States when he was born. The Supreme Court disagreed.
Want all of The Times? Subscribe.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Los Angeles Times
23 minutes ago
- Los Angeles Times
Hundreds rally on July 4 against immigration raids, budget bill in downtown L.A.
Lawrence Herrera started carrying a folded-up copy of his birth certificate in his wallet last week. He also saved a picture of his passport on his phone's camera roll. For the 67-year-old Atwater Village resident who was born and raised here, the precaution felt silly. But he's not taking any chances. 'I started hearing, 'He's taking anyone and everyone,'' Herrara said, referrring to President Trump's immigration crackdown. 'I thought, 'You know what? That could be me.'' Herrera was one of hundreds of protesters who spent Fourth of July in downtown Los Angeles to rally against the immigration raids that have roiled the region and the surge in federal funding approved this week to keep them going. Many on the street said they were skipping the barbecues and fireworks this year. Instead, they showed up at City Hall, some in costumes or wrapped in flags. A15-foot balloon of President Trump in Russian military uniform sat in Grand Park. Erica Ortiz, 49, was dressed as Lady Liberty in shackles. Herrera wore a Revolutionary War outfit covered in anti-Trump pins that he said was appropriate for the occasion. 'Guess what? We have no independence right now,' he said. 'That's why we're out here.' They marched through Olvera Street and outside the Federal Building, which houses the immigration court, waving signs. Several police officers were monitoring the protest but kept their distance during the gathering, which lasted a few hours. 'No more occupation! No more deportation!' the protesters chanted. At the federal building, military members lined up shoulder-to-shoulder guarding the property with shields and guns. Jacob Moreno, an English teacher from Rialto, held a sign that called the day a 'funeral for the freedom we pretend' still exists. He said the mood felt more solemn than the 'No Kings' demonstration last month, which he attributed to the passage of Trump's budget bill. The so-called 'Big Beautiful Bill' adds roughly $150 billion to carry out mass deportations and fund border enforcement. 'This situation, this occupation is only going to get worse,' Moreno said. The 50-year-old said some of his high school students and their family members are undocumented. He and his daughter, a 16-year-old student, are helping set up a program to provide school supplies and hygiene items to students whose parents may be too afraid to go to work. 'I'm here to support my students, my community, and ultimately to stand on the right side of history,' he said. Cristina Muñoz Brown, of North Hollywood, shared a similar sentiment. 'I'm desperate for my people, I'm desperate to show up,' she said. Since the raids began, she said, the Fashion District where she works in the costume industry is a 'ghost town.' Assemblymember Isaac Bryan (D-Los Angeles) addressed the crowd outside City Hall, calling the budget bill the 'Big Beautiful Scam.' 'Immigration spending in this country is now more than the military spending of 165 countries around the world. ICE has more money than the city of Los Angeles ten times over,' he said, as the crowd booed. 'That's not what we want our tax dollars going towards.' The city is still reeling from weeks of U.S. Immigration and Customs Enforcement raids across the Southland and the deployment of thousands of National Guard troops to respond to the protests that followed. There have been sweeps at local car washes and Home Depot parking lots targeting day laborers. 'There's too many things to protest right now,' said Hunter Dunn of the 50501 Movement, which organized the July 4 rally. Many immigrants, he said, are 'afraid to go to work, afraid to go to school.' Federal agents, often shielding their identities with face masks and sometimes driving unmarked cars, have been carrying out aggressive raids since early June, triggering widespread protests. Trump sent more than 4,000 National Guard troops and 700 Marines to the L.A. area to protect federal buildings and workers during the unrest, which garnered pushback from state and local officials who complained that the military presence exacerbated the situation. Earlier this week, about 150 Guard members were released from the protest assignment. The immigration enforcement actions in L.A. have heightened tensions between city and state leaders and the Trump administration. The public sparring has played out on social media, and in court. Mayor Karen Bass renewed her calls this week for Trump to end the ICE raids, saying in a post on X that his administration is 'causing the fear and terror so many in LA are feeling.' 'They came for our neighbors in unmarked vans. Raided workplaces. Ripped apart families. Even U.S. citizens. This is not law enforcement—it's political theater with human costs,' she wrote in another post. Gov. Gavin Newsom is battling the Trump administration in court over the deployment of Guard troops without his consent. And this week, the Trump administration sued the city of L.A., Bass and City Council members, saying the city's sanctuary law is illegal. The law generally prohibits city employees or city property to be used to investigate or detain anyone for the purpose of immigration enforcement. On Wednesday, immigrants rights groups including the American Civil Liberties Union of Southern California and Public Counsel sued the Trump administration in federal court seeking to block what the suit describes as the administration's 'ongoing pattern and practice of flouting the Constitution and federal law' during immigration raids in the L.A. area.
Associated Press
24 minutes ago
- Associated Press
Photos of protests and celebrations mark a different Fourth of July for many Americans
The Fourth of July is a celebration of all things American with parades, backyard barbecues and the night sky lit up with fireworks. This Independence Day may feel different for many Americans. Around the country, there are protests planned against Trump's polices, and in places like Southern California, where immigration raids have rattled communities, some July Fourth celebrations were canceled. But beyond the festivities and protests lies a moment in history: On July 4, 1776, the Second Continental Congress unanimously adopted the Declaration of Independence, declaring the colonies' break from British rule. ___ This is a photo gallery curated by AP photo editors.
USA Today
27 minutes ago
- USA Today
Donald Trump orders entry fee, DEI changes at national parks
Visiting America's national parks is about to get more expensive for international tourists, but that's not the only change ordered by President Donald Trump that will impact park visitors. A new executive order calls for charging non-U.S. residents higher fees for park entry and recreation passes, like the yearlong America the Beautiful pass, which grants access to public lands across federal agencies. "From the awe-inspiring Grand Canyon to the tranquility of the Great Smoky Mountains, America's national parks have provided generations of American families with unforgettable memories," Trump said in the order issued July 3. "It is the policy of my Administration to preserve these opportunities for American families in future generations by increasing entry fees for foreign tourists, improving affordability for United States residents, and expanding opportunities to enjoy America's splendid national treasures," he said. The order also calls for giving Americans "preferential treatment with respect to any remaining recreational access rules, including permitting or lottery rules." Any revenue generated by higher fees from foreign tourists will be funneled back into infrastructure improvements and other enhancements across federal recreation sites. Reservations required: Which national parks require them in 2025 Unrelated, the executive order also revokes a presidential memorandum signed by then-President Barack Obama in 2017 that promoted a range of diversity and inclusion efforts in the management of national parks and other public lands. It called for improving access for all Americans and "considering recommendations and proposals from diverse populations to protect at-risk historic, cultural, and natural sites." Diversity and inclusion were also priorities for parks during the Biden administration. Before leaving office in January, then National Park Service Director Chuck Sams told USA TODAY: "When I took my oath of office on the steps of the Lincoln Memorial, Secretary (Deb) Haaland said, on behalf of the president of the United States, myself and the American people, I'm charging you with these monuments, memorials and parks, but more importantly, we're charging you to find those stories that are less told or haven't been told yet, and to tell them fiercely. "So over the last three-plus years, working all across the park system, we've been able to tell stories to ensure that every American sees a reflection of themselves in the parks," he said. But the latest move comes after Trump on his first day back in office in January ordered an end to government diversity, equity, and inclusion programs established under Biden. USA TODAY has reached out the Interior Department and National Park Service for comment on the new executive order.
