In 1898, in a case known as United States v. Wong Kim Ark, the U.S. Supreme Court found the only children who did not automatically receive U.S. citizenship upon being born on U.S. soil were children of diplomats, who have allegiance to another government; enemies present in the U.S. during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes.
President Donald Trump's administration on Tuesday said it's appealing a Maryland federal judge's ruling blocking the president's executive order seeking to end birthright citizenship for people whose parents are not legally in the country.
Boardman said at the time her court would not become the first in the country to endorse the president's order, calling citizenship a “precious right” granted by the Constitution's 14th Amendment.
The Trump administration, aiming to curtail unlawful immigration, has asserted that noncitizens are not “subject to the jurisdiction” of the United States and their children born in the U.S. are not entitled to citizenship.
Tuesday's appeal is the latest volley over the president's birthright citizenship order, which has generated at least nine lawsuits nationwide, including suits brought by 22 states.
