For 128 years, it’s been clear that if you are born in this country, you are a citizen. The court must not turn back the clock
I am lead counsel in the challenge to Donald Trump’s birthright citizenship executive order. As I and my team help the ACLU legal director, Cecillia Wang, prepare for the supreme court argument in this case on Wednesday, we are poring over legal minutiae and sharpening our arguments. But the larger questions that loom over the whole case are simple: What does it mean to be an American? Will we adhere to the best of American history and protect the values of equal citizenship and opportunity?
In early America, like today, people born on US soil were citizens, even if their parents were immigrants. That’s a principle we inherited from England as part of a body of rules known as the “common law”. In England, that rule was originally about monarchical power; but in our young republic it found new life as a principle of equal citizenship. As waves of immigrants arrived, the birthright rule ensured that the child of Irish or German immigrants would be no less citizens than those who traced their lineage back to the Mayflower.
Cody Wofsy is deputy director of the ACLU Immigrants’ Rights Project and lead counsel on the Trump v Barbara legal team
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