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Trump Officials Cite White Supremacists in Court Bid to End Birthright Citizenship

The Trump administration revives discredited 19th-century legal arguments to restrict citizenship to children of illegal or temporary residents, framing it as a measure against illegal migration and birth tourism.

  • On Wednesday, the Supreme Court will hear oral arguments regarding the Trump administration's executive order attempting to deny birthright citizenship to children of certain immigrants, challenging long-settled 14th Amendment law.
  • Trump administration attorneys cite Confederate officer Alexander Porter Morse and legal scholar Francis Wharton to argue the Citizenship Clause 'exclude the children of foreigners transiently within the United States' from qualifying for citizenship.
  • The Chinese American Legal Defense Alliance argues these legal strategies are 'built on a racist foundation,' noting that Morse advocated for legalized segregation and Jim Crow laws in the 1896 Supreme Court case establishing 'separate but equal.'
  • United States v. Wong Kim Ark, the 1898 precedent establishing that the 14th Amendment grants citizenship to virtually everyone born in the country, now faces potential reversal if the administration prevails.
  • Legal experts suggest the administration faces an uphill battle to win the case, with a final decision expected by the summer that could have enormous consequences for all Americans regarding citizenship eligibility.
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The Washington Post broke the news in on Monday, March 30, 2026.
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