Constitutional Law,
Immigration,
U.S. Supreme Court
Nov. 13, 2018
Those born in the United States are clearly citizens
The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardless of whether their parents are citizens or even in the country illegally.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardless of whether their parents are citizens or even in the country illegally. Shortly before the Nov. 6 mid-term elections, President Donald Trump made headlines when he said that he would issue an executive order to deny citizenship to those born in the United States whose parents are not lawfully present in the country. There is no doubt that thi...
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