Caste And American Citizenship In The Trump Era

Document Type

Article

Publication Date

2025

Published In

Maryland Law Review

Abstract

“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” This Article examines the President’s effort to alter the historical understanding of birthright citizenship in the United States by executive order and the likely consequences should he succeed in whole or in part in doing so.

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