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April 1 (UPI) — The U.S. Supreme Court is hearing oral arguments in a case on Wednesday that could reshape what it means to be a U.S. citizen.

The case, Trump vs. Barbara, is over President Donald Trump‘s Jan. 20, 2025, executive order “Protecting the meaning and value of American citizenship,” which seeks to change the application of the Citizenship Clause, ending birthright citizenship.

In his executive order, Trump argued that the 14th Amendment of the U.S. Constitution “has never been interpreted to extend citizenship universally to everyone born within the United States.”

The law of the land, as it has been recognized since the ratification of the 14th Amendment in 1868, has been that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s executive order remains blocked from taking effect, with lower courts affirming that his attempt to end birthright citizenship is unconstitutional. In December, the Supreme Court agreed to take up the case, beginning with oral arguments starting on Wednesday.

U.S. Solicitor General John Sauer will argue on behalf of the Trump administration.

“If the Trump executive order is upheld, it would mark an enormous change in how the United States understands who is a citizen and who is not,” Kate Masur, John D. MacArthur Professor of History at Northwestern University, told UPI.

Masur filed an amicus brief supporting a challenge to Trump’s executive order.

“There’s certainly never been a president who issued an executive order trying to undermine birthright citizenship in this way,” Masur said. “Congress has repeatedly, through legislation, affirmed birthright citizenship and the Supreme Court has also affirmed birthright citizenship.”

The Trump administration’s argument against birthright citizenship hinges on its interpretation of the term “jurisdiction” in the context of the clause “subject to the jurisdiction thereof.”

In an amicus brief by Sen. Ted Cruz, R-Texas, Sen. Lindsey Graham, R-S.C., and other Republican lawmakers, they contest that the authors of the 14th Amendment could have written “subject to the laws.” Instead, the use of the term “jurisdiction” requires “allegiance” to the United States.

“Allegiance is also a reciprocal relationship. The person must be present with the consent of the sovereign, a factor on which this Court extensively relied in United States v. Wong Kim Ark,” the Republican lawmakers argue. “But illegal aliens and their children are present in the United States without consent, i.e., only by defying its laws.”

The lawmakers also argue that their interpretation of total allegiance looks to “early English caselaw.”

The challenges to birthright citizenship by Republicans are not new, Masur said.

The Wong Kim Ark case that the Republican lawmakers referred to affirmed birthright citizenship under the 14th Amendment. The case was brought on when the U.S. government denied the son of Chinese Immigrants, Wong Kim Ark, re-entry into the United States.

Ark, who was born in San Francisco, had taken a trip to China and was detained upon his return to the United States. The case took place in 1898, more than a decade after the passage of the Chinese Exclusion Act, which prohibited Chinese workers from seeking citizenship in the United States.

Since Wong Kim Ark, there have continued to be opponents of birthright citizenship, though the immigrant groups their movements targeted have changed. Since the 1990s, immigrants from Spanish-speaking countries have largely been the central focus of those seeking to end birthright citizenship.

Former Sen. Steve King, R-Iowa, repeatedly introduced legislation on Capitol Hill trying to end birthright citizenship. His most recent effort was in 2015. In 2019, King was removed from all committee assignments after defending white supremacy and white nationalism, following years of racist comments throughout his 17-year career.

“The thing that these movements have in common over time is their desire to limit who among people born in the United States gets to be a citizen,” Masur said. “Usually it is driven by various anti-immigrant sentiments.”

Daisy Hernandez, author of Citizenship: Notes on an American Myth, told UPI that there are modern examples of what happens when birthright citizenship is taken away.

The Dominican Republic amended its constitution in 2010 to remove birthright citizenship for Haitians in the country. In 2013, it made the law retroactive to 1929, removing the citizenship of an estimated 200,000 people overnight.

“That is an example of what would happen in the United States. However, for us it would happen in terms of millions of people,” Hernandez said.

Children of immigrants who have their citizenship revoked become stateless, Hernandez explained. With no country to call home, they are left adrift without the right to exist anywhere.

“Statelessness means that you have no government which you can turn to in any way,” she said. “It means you do not have any documentation of any kind. You don’t have documentation that you have a right to be anywhere. The philosopher Hannah Arendt said ‘citizenship is the right to have rights.’ You need a government to recognize that you have rights.”

There are more than 4 million children in the United States who have parents who are undocumented immigrants.

If Trump’s executive order is allowed to stand by the Supreme Court, Hernandez and Masur said the United States could return to an era of the 19th century when citizenship varied from state to state.

“It is really jarring to remember once upon a time certain states within the United States recognized the citizenship and humanity of Black Americans and we had other states that did not,” Hernandez said. “So are we going to end up in a situation where a child born to an undocumented parent is recognized as a citizen as long as they stay within the state of New York or of Massachusetts but would then become stateless if they crossed into Connecticut or further south or further west?”

Most countries in the Western Hemisphere recognize birthright citizenship. The Dominican Republic and Colombia are rare exceptions.

“We have always understood being American as being very closely tied with birthright citizenship,” Hernandez said. “It would be a collapse of how we understand American identity in the United States.”