SCOTUS Rejects Trump’s Attempt to End Birthright Citizenship

By Gloria Way

  The Supreme Court of the United States ruling means that birthright citizenship remains the law in Texas, just as it does in every other state. Children born to undocumented immigrants in the US will continue to be citizens and entitled to all the social services available to US citizens. This includes free healthcare, free education, food and rent assistance, etc. Children born in Texas generally continue to be US citizens at birth, regardless of whether their parents are US citizens, lawful permanent residents, undocumented immigrants, or temporary visa holders.

  For Texas specifically, the decision has several practical effects:

• Babies born in Texas continue to receive U.S. citizenship at birth. Hospitals, state agencies, and local governments continue operating under the longstanding constitutional rule.
• Trump’s executive order cannot be enforced. The Court ruled that the order conflicted with the Fourteenth Amendment to the United States Constitution and reaffirmed the long-standing interpretation that people born on US soil are citizens.
• Texas remains a major state affected by the ruling. Because Texas has one of the nation’s highest birth rates and a large immigrant population, the decision preserves the citizenship status of thousands of children born there each year.
• State leaders cannot override the decision. Texas officials remain bound by the Supreme Court’s interpretation of the Constitution unless the Constitution itself is amended or the Court later changes its precedent.

  The ruling also has broader legal significance. It reaffirms the Court’s long-standing interpretation of the Citizenship Clause, including precedent established in United States v. Wong Kim Ark, and makes clear that a President cannot change the constitutional rule on citizenship through an executive order alone.

  In short, for Texans, the immediate practical outcome is that nothing changes regarding who is recognized as a US citizen at birth. Children born in Texas continue to acquire US citizenship under the same constitutional rule that has existed for more than a century, and are eligible for all “benefits” associated with being a US citizen.