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Supreme Court Debates Birthright Citizenship for Illegal Immigrants

4/2/2026

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Story summary
  • On April 1, 2026, the Supreme Court deliberated birthright citizenship for children of illegal immigrants.
  • Justice Samuel Alito cited Associate Justice Antonin Scalia's textualism, questioning if the 14th Amendment applies to modern immigration.
  • Solicitor General John Sauer backed President Donald Trump's executive order to limit citizenship, echoing a microwave analogy.
  • Justice Elena Kagan challenged Sauer, saying his arguments targeted temporary visitors, not illegal immigrants.