Business Immigration Insights

The Supreme Court upheld the 14th Amendment’s Birthright Citizenship Clause today in a 6-3 decision. Quoting the author of the 1868 amendment, the Court noted that it was “declaratory” of what was already the law of the land: every person born within the United States and subject to its jurisdiction is a U.S. citizen, except those granted diplomatic immunity, such as foreign ambassadors and certain other diplomats, who typically hold “A” nonimmigrant visas in the United States.

However, several bills in Congress seek to change the meaning of citizenship under the 14th Amendment. Should any of these bills become law, they would likely be challenged, once again bringing the issue of birthright citizenship before the Supreme Court.