![]() |
APIA VOTE Asian Americans at the Supreme Court protest Donald Trump's attempt to do away with birthright citizenship guaranteed by the 14th Amendment |
After hearing arguments this Spring, SCOTUS is expected to issue their ruling as early as today (June 18) or later this month, just in time for July 4th.
Deciding who belongs
RELATED: ACLU gives strong defense of birthright citizenship
Now, the conservative legal apparatus is attempting to rewrite that history. They argue that the phrase "subject to the jurisdiction thereof" requires a child's parents to owe direct "political allegiance" to the United States—essentially engineering a system where citizenship is inherited by legal status rather than guaranteed by birthplace.
Defenders of the Constitution — led by civil rights champions like the American Civil Liberties Union — are hitting back with clear, historical substance. Anyone standing on U.S. soil is bound by US laws and subject to US jurisdiction. It is a standard we inherited from English common law and enshrined after the Civil War to permanently bury the racist legacy of the Dred Scott decision.
Looming crisis for the AANHPI community
- THE VISA TRAP: The policy uniquely penalizes Asian immigrants residing legally on temporary work (like H-1B) or student visas. Their children, born in American hospitals, would suddenly be denied a defined legal status.
- MATH OF EXCLUSION: The data projects a chilling 41 unauthorized births per 1,000 Asians without permanent legal status—a rate more than double the projected trajectory for Latino communities.
- AN INVISIBLE WALL: Families who have done everything "the right way" would find their American-born children barred from higher education, locked out of professional careers, and stripped of basic equality before the law.
Erasing our past
By entertaining executive actions to bypass the 14th Amendment, the current conservative-majority SCOTUS isn’t just looking at the future — they are trying to erase our past and at the same time, revive their pre-Civil Rights Act past. They are threatening to turn a system built on equality into a dangerous, two-tiered caste system.
As the high court deliberates, the core identity of what it means to be "Born in the USA" hanging in the balance. For millions of future AANHPI kids, the edge we are looking over has never been n steeper.








