Professor Gregory Germain spoke with Newsweek for an assessment of President Trump’s court cases that challenge the 14th Amendment’s guarantee of citizenship to anyone born in the United States.
Germain said that Trump’s lawyers will have to focus on the second phrase of the citizenship clause, arguing that children born in the US to illegal aliens are not “subject to the jurisdiction” of the United States.
“That seems like a question that will ultimately have to be decided by the Supreme Court. Trump can argue that the phrase about being ‘subject to the jurisdiction’ must have meaning and should be read as a limitation on birthright citizenship,” Germain told Newsweek.
“The Supreme Court will have to decide whether children of illegal or temporary residents qualify, and whether an interpretation by executive order rather than statute is effective.”