Lawyers use religious dogma in birthright citizenship case

Activists opposed to Donald Trump's immigration policies are turning to conservative judges to try to undermine their religious beliefs, reports CNN.

As the Supreme Court weighs in on the fate of birthright citizenship, some activists opposing President Donald Trump are appealing directly to conservative justices. They emphasize how deeply faith can be tied to personal identity and citizenship.

Several groups filing briefs in the case cite a moral obligation to welcome strangers and cite Scripture. They point to the practical difficulties that faith-based families could face if the Trump administration curtails the Fourteenth Amendment—the very one that guarantees citizenship to all children born on U.S. soil.

On the subject: The US Supreme Court will make a final decision on birthright citizenship in the summer of 2026: What you need to know

The authors of the appeals are counting on the majority of Catholic judges, who have previously sided with religious interests in cases concerning education, Christian symbols, and public policy.

Many legal experts of all persuasions believe Trump's proposals to limit birthright citizenship are doomed to failure. However, the Supreme Court has already shown willingness to uphold his other proposals. Therefore, immigrant rights advocates are turning to religion.

Lawyers at Project Rousseau, an organization that helps youth from vulnerable groups, argue that judges must consider the situation of children unable to prove their ancestry and citizenship. This particularly applies to infants from religious communities such as the Amish and Mennonites, who avoid official birth registration.

If the Trump administration prevails, such families will be forced to choose between the right to freely exercise religion and the right to citizenship by birth, the authors of the opinion believe.

Leading attorney Ilan Rosenberg cited recent judicial interest in "safe haven" laws. These provisions are sometimes viewed as an alternative to abortion, allowing newborns to be left in safe places.

Rosenberg quoted Judge Amy Coney Barrett's words during the 2022 Dobbs v. Jackson Women's Health Organization hearing: "In all 50 states, you can give up your parental rights by surrendering your child after birth"—for example, leaving the child in a hospital or fire station.

The lawyer emphasized that a child anonymously surrendered under such a law "would never be able to prove what the government deems necessary for citizenship under the Fourteenth Amendment: the citizenship of his parents."

In other cases, the court's conservative majority has increasingly sided with religious conservatives: it has allowed a coach to pray at high school football games, expanded government funding for religious education, and allowed Christian symbols to remain on government property.

One conclusion recalls that the American colonies were founded by people fleeing religious persecution.

"The Fourteenth Amendment's enshrinement of birthright citizenship is closely tied to the country's history as a haven for those fleeing religious persecution," write 57 religious organizations. "This includes the ancestors and current members of many of our faiths. The first colonies were founded by groups such as the Quakers, who were fleeing persecution or seeking religious freedom."

The document's signatories include Protestants, Catholics, Muslims and Jews.

The authors argue that history and judicial practice have long established virtually unlimited citizenship by birthright.

Trump's lawyers, for their part, emphasize the words "subject to their jurisdiction" and believe that people who are in the country illegally or temporarily (for example, on a student visa) do not fall under the full jurisdiction of the United States.

Some groups supporting the administration offer different interpretations of the history and traditions of the Fourteenth Amendment. For example, the Christian Family Coalition of Florida stated that granting citizenship to "illegal immigrants and temporary residents" could open the door to individuals who preach religious intolerance.

Lower court judges rejected Trump's attempt to limit birthright citizenship, arguing that it contradicted the text of the amendment and the 1898 precedent of United States v. Wong Kim Ark, which recognized a person born in the country to Chinese immigrants as a U.S. citizen.

Historian Taylea Anbinder recalls the anti-Catholic and anti-immigrant Know Nothings movement of the mid-19th century. Despite its influence, this movement recognized birthright citizenship and never proposed restricting it, even for the children of immigrants it wanted to deport.

Separately, in the conclusion of 57 religious organizations representing Catholics, Protestants, Muslims, Hindus and Jews, the tradition of hospitality is emphasized: “The Christian New Testament teaches: ‘For I was hungry, and you gave me meat; I was thirsty, and you gave me drink; I was a stranger, and you took me in’ (Matthew 25:35).”

Judge Brett Kavanaugh directly referenced this passage during his confirmation hearings in 2018, telling senators, “I keep the words of Matthew in mind and strive to serve the least protected among us.”

Kavanaugh is one of six conservative justices who are Catholic or were raised Catholic. They also include Chief Justice John Roberts, Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett. Neil Gorsuch was raised Catholic but is now an Episcopalian.

The seventh Catholic, Justice Sonia Sotomayor, is part of the liberal wing, along with Jew Elena Kagan and Protestant Ketanji Brown Jackson.

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Lawyers for the United States Conference of Catholic Bishops have filed an opinion calling Trump's order restricting birthright citizenship immoral.

"The intended and unintended consequences of this executive order are immoral. They contradict the fundamental beliefs and teachings of the Catholic Church on human life and dignity, on the treatment of vulnerable people (especially migrants and children), and on the unity of the family.

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The Trump administration is partially lifting asylum restrictions: who will be affected?

Trump wants to end birthright citizenship, citing a 130-year-old case against a Native American.

US overseas territories have become birth tourism hubs for those seeking to give their children American citizenship.

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