What Will Happen to Birthright Citizenship?

The debate over birthright citizenship centers on how the U.S. Constitution defines who becomes an American at birth. The Fourteenth Amendment, adopted in July 1868, states that “all persons born or naturalized” in the U.S. and subject to its jurisdiction are citizens, a principle reinforced by the Supreme Court in United States v. Wong Kim Ark in 1898. On President Trump’s first day in office, an executive order challenged that precedent, arguing the amendment was never meant to grant citizenship universally to those born in the country with only temporary or otherwise non-qualifying legal status. The order was challenged in court within 24 hours, and the Supreme Court will decide whether citizenship applies broadly, including or excluding rare exceptions. Atlantic staff writer Adam Serwer discusses the case’s stakes on Radio Atlantic, with Adam Harris and Justice Neil Gorsuch referenced in the transcript.