Majority opinion on birthright citizenship

In Trump v. Barbara, decided today, the Supreme Court held that the Fourteenth Amendment guarantees American citizenship to children born in the United States even when their parents are undocumented immigrants or are here only temporarily. The decision invalidated President Trump’s Executive Order 14160, which declared that such children were not “subject to the jurisdiction” of the United States and therefore were not citizens at birth.

Chief Justice John Roberts wrote for a five-justice majority. The Court began with the text of the Citizenship Clause: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” The central question was the meaning of “subject to the jurisdiction.” The administration argued that a child lacked the required connection to the United States when the parents were unlawfully present or maintained a permanent home elsewhere. The Court rejected that interpretation. Jurisdiction, it said, means the government’s legal power over people within its territory. Undocumented immigrants and temporary visitors must obey American law and may be arrested, prosecuted, or sued here. They—and children born to them—are therefore subject to American jurisdiction.

Much of the opinion traces the rule to English common law. Under the doctrine of jus soli, or “right of the soil,” nearly every child born within the sovereign’s territory became a natural-born subject. Citizenship rested on a reciprocal relationship: the sovereign provided protection, and the person born under that protection owed allegiance. The rule applied even when a foreign mother’s presence was “momentary and uncertain,” and even when the parents could be expelled. The traditional exceptions were narrow: principally children of foreign diplomats, enemy forces occupying territory, and people born within territories controlled by another sovereign.

The American states inherited this rule after independence. In the majority’s account, birth on American soil generally made a person a citizen regardless of the parents’ nationality or intentions. The Court quoted an early American authority stating that “[t]he child of an alien, if born in the country, is as much a citizen as the natural-born child of a citizen.”

The majority then placed the Fourteenth Amendment in the shadow of Dred Scott v. Sandford. Dred Scott had rejected the common-law principle and held that people descended from enslaved Africans could not be national citizens. In the majority’s phrase, “blood, not soil, was made the rule.” The decision provoked intense condemnation. Frederick Douglass insisted, “By birth, we are American citizens,” while Abraham Lincoln called Dred Scott an “astonisher in legal history.”

The Civil War and Reconstruction reversed that judgment. In 1862, Attorney General Edward Bates wrote that “every person born in the country is, at the moment of birth, prima facie a citizen . . . without any reference to race or color.” Congress adopted the Civil Rights Act of 1866 and then placed the citizenship rule in the Constitution through the Fourteenth Amendment. The Amendment’s principal Senate sponsor described its language as “simply declaratory of . . . the law of the land already.” According to the Court, the purpose was not merely to protect formerly enslaved people but to settle the national rule of citizenship permanently and place it beyond ordinary political change.

The majority also relied heavily on United States v. Wong Kim Ark, the 1898 decision recognizing the citizenship of a San Francisco-born man whose Chinese parents were not eligible for naturalization. Wong Kim Ark described the Fourteenth Amendment as “declaratory” of the “fundamental rule of citizenship by birth.” The present Court said that precedent covered children of permanent residents, temporary visitors, and undocumented immigrants alike. Foreigners who enter for “business or pleasure” receive no exemption from American law.

The administration and the dissents argued that citizenship should depend on the parents’ permanent allegiance or domicile. The majority found little historical support for that theory. Domicile and citizenship, it explained, are different: a person may live permanently in a country without becoming its citizen and may remain a citizen of a country while living elsewhere. A domicile test would also replace a clear rule based on birthplace with difficult inquiries into each parent’s legal status and intentions.

Finally, the Court emphasized what the constitutional text does not say. The words central to the Executive Order—“mother,” “father,” “lawful,” and “temporary”—are “absent from the Clause. For a simple reason: they did not matter.” A child born on American soil and governed by American law is a citizen at birth. Only the historically recognized, exceedingly narrow exceptions remain.

Education in Mexico and the proclivity to migrate to the United States

The desire of Mexicans wanting to emigrate stands at about 20% of the population. That share is not greatly different from many other countries. But the share of Mexican workforce age working residing outside Mexica is high – 10%, of which almost all in the United States. Mexico is part of the American basin of workers, mostly with little formal education.

It’s unclear whether improvement in education status translates into lower propensity to emigrate.  Costa Rica’s high school graduation rate (60%) is higher than Mexico’s (40%) but Costa Ricans are more inclined to emigrate.  That said, a look at progress in education in Mexico is worth a look.

In 2000, only 20% of Mexican adults had completed what is called high school in the United States. Now, 40%. A lower education threshold also saw substantial gains, from under 70% to around 90%.

Higher education is almost entirely at state colleges. Attendence grew about 50% between 2011 and 2022.   About a half million graduate a year. (Putting that in perspective, that 500K is equivalent to somewhat less than 1% of the total workforce of Mexicans, in the U.S the annual number of graduates is about 1.5% of the work force. (But the HS graduation rate in the U.S. is above 90%.) This flows a lot more advanced educated persons into the Mexican workforce than in the past, but the absorption rate is low – to be sure, the wages are higher than for high school graduates by the quality of work is the lowest among all OECD countries. Half of college graduates are overqualified for their jobs.

If access to migration to the U.S. were easier, would college educated Mexicans wish to migrate? Would they have a better chance of getting work for which they are qualified, considering both wage and desired social status? Compared to less educated, who take many jobs Americans don’t want? The median wage of Mexican in the U.S. is $19 vs the national median wage of $27.

Timeline for Temporary Protected Status for Haiti (and other countries)

Temporary Protected Status law enacted in 1970

The law: “The government may, under section 244A(b) of the Immigration and Nationality Act, protect from deportation and authorize to work person who are affected by an ongoing armed conflict; environmental disaster; or “extraordinary and temporary conditions” — any of which prevents nationals from returning safely, unless allowing them to remain in the United States would be “contrary to the national interest.” The immediate beneficiaries were Salvadorean escaping civil wat.

Designation of Haitians for TPS

January 21, 2010, based on an earthquake on January 12. The designation was renewed in 2011, 2013, 2014, and 2016. The first Trump administration sought to terminate the designation starting in 2017. This termination was blocked by courts.  In 2021, in the Biden administration the made a brand new designation on the grounds of economic and social breakdown. This was extended in 2013 due to ““economic, security, political, and health crises.” (Go here.)

Some 330,000 Haitians were covered by TPS in 2025, out of the total od 1.2 million. (The largest represented country was Venezuela, at 600,000.)

Trump II termination

The Trump administration sought almost immediately to terminate TPS for Haitians, but was blocked by courts from doing so until the last Biden extensions expired in February 2026.

Secretary of Homeland Security Noam tweeted on December 1, 2025, to over 14 million views: “I just met with the President. I  am recommending a full travel ban on every damn country that’s been flooding our nation with killers, leeches, and entitlement junkies.  Our forefathers built this nation on blood, sweat, and the unyielding love of freedom—not for foreign invaders to slaughter our heroes, suck dry our hard-earned tax dollars, or snatch the benefits owed to AMERICANS. WE DON’T WANT THEM. NOT ONE.”

Termination for Haiti

The program for Haitians was terminated on February 3, 2026.

Justification by DHS: “Based on the Department’s review, the Secretary has determined that there are no extraordinary and temporary conditions…. Moreover, even if the Department found that there existed conditions that were extraordinary and temporary….termination of Temporary Protected Status of Haiti is still required because it is contrary to the national interest of the United States to permit Haitian nationals…. to remain temporarily in the United States……”

Regarding “national interest,” Noam cited, among other factors,  criminal gang membership, national security, migration factors, adverse effects on U.S. workers, and impact on U.S. communities.  Noam cited Executive Order 14161 “Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats,”’

Supreme Court decision, June 25 2026

By a vote of 6-3 in Mullin v. Doe, the Supreme Court overruled rulings by federal courts in Washington, D.C., and New York regarding TPS, for Haiti and Syria. The majority ruled that the federal law creating the TPS program bars courts from reviewing the determinations by the Secretary of Homeland Security. Justice Elena Kagan wrote the dissent: Haitian and Syrian TPS beneficiaries “ask for only one thing: that they may stay in this country while they continue to litigate their claims. … [T]hey are entitled to that relief, and should not instead be consigned to devastating, and indeed life-threatening, injury.”

The Mullin v Doe decision effectively closes the door on termination of TPS for the 600,000 Venezuelans, in October, 2026, barring a Hail Mary legal success by opponents.

Adverse economic activity due to ICE enforcement

Besides the Brookings study on employment I wrote about yesterday, another study published in May 2026 estimates that ICE enforcement reduced economic activity by 2.7% and spending by 6.2% in 2025.  The author focused on high ICE enforcement cities. He used data provided by SafeGraph, a commercial data company that aggregates anonymized credit- and debit-card transaction records. Retail outlets such as restaurants, stores, pharmacies and gas stations were covered.

The time period measured was Feb 2025 through Feb 2026 for foot traffic and Feb 2025 through Dec 2026 for spending.

The effects were strongest geographically near raid locations and did not fade over time. They extended beyond immigrant and Hispanic neighborhoods, affecting residents and businesses throughout targeted metropolitan areas. Independent businesses suffered substantially more than national chains, while restaurants, hotels, construction, transportation and personal-care businesses were among the hardest hit.

Adverse employment impact of heightened ICE enforcement

A Brookings study of May 2026 finds that the surge in ICE enforcement reduced employment reduced the number of expected jobs by 688,000.  The period studied was the first half of 2025.  This a shortage from expected for all would be job occupants – not distinguishing between citizens, authorized and unauthorized foreign born.  The analysis indicates the relatively lower employment was due in part to arrests and in part due to fear of arrest, which the “shock and awe” approach was designed to do.

(The total is from employment data, not surveys.)

Since the number applies only to the first half of 2025, it is certain that the total losses have been much higher. Because of the pandemic and the Biden-caused surge in employment during his administration, I think it is safer to use the increase of total employment in 2019 as a reference. In that year it was about 1.8 million. Assuming that all-2025 effect was a relative loss was a high as 1.5 million-plus, that means that the loss approximated one years’ normal gain in employment. Using another assumption that 75% of the loss is for unauthorized workers, which stood at about 8 million in 2019, that implies that, in order of magnitude, one tenth of unauthorized workers left employment.  This is a conjecture, and only for 2025.

“We find that employment trajectories in surge and non-surge cities were closely aligned before enforcement began. They diverged precisely when ICE arrests intensified. The gap widened over time, and the knock-on effects extended far beyond those directly targeted. In surge cities, employment fell most in immigrant-intensive sectors, but job losses spread further.”

“We isolate the surge from other forces: tariffs, inflation, and AI, operating simultaneously on the broader economy. The findings are stark: Job losses in surge cities far exceeded the number of people arrested, and the damage extended well beyond the workers who were directly targeted. The pattern of excess job loss is consistent with fear-driven labor withdrawal, business disruption, and weaker local demand.”

White House goes full zenophobia

The White House website engages in a zenophobic tirade which might match the that of fascist governments and political movements of the past 100 years. Swept up in this phobia are, beyond the ostensible focus on persons with criminal profiles, produce pickers, kitchen workers, primary care physicians, AI experts.

Anne Applebaum on Trump’s recent language (June 5)

“…. A very specific language that comes from the 1930s. Trump’s been doing it for a while, but it somehow became more prominent and noticeable recently. And this is the language where he talks about the enemies within, the enemies of the people. And specifically he talks about his political opponents and migrants also as vermin, he talks about migrants poisoning the blood of Americans. And this is language that not only comes from Hitler, it also comes from Stalin. I wrote several books about Stalin and Stalinism. I have a whole file of notes that I once took in the East German Stasi archives. I typed the word vermin into the search line and discovered dozens of examples of the Stazi using it too. And it’s not been part of American politics before. American politics have been racist before and we’ve called one another traitors and unpatriotic and so on. We haven’t talked about one another as being insects or vermin or parasites. And this comes from the language of regimes who saw their enemies as not citizens, as not necessarily human, as people who could be treated or destroyed anyway that they liked. “

Another chapter in the Abrego Garcia story

Waverly D. Crenshaw, Jr., of the Middle District of Tennessee, Nashville Division, dismissed on May 22  States v. Kilmar Armando Abrego Garcia, on grounds that it was a case of retaliatory prosecution.  DHS remains committed to deport him, but the criminal case against him is dead. Here is what brought this case begun in March 2025 to May 2026

On May 21, 2025, in anticipation of his being returned from El Salvador per court order (which he was on about June 6),  he was indicted in Tennessee for conspiracy to smuggle persons in the U.S. and conspiracy to smuggle within the U.S. over 1,000 undocumented persons. The evidence against him appears to be that from others who were jailed or imprisoned for smuggling. A timeline of the case from March to June 7, when Garcia appeared in court in Tennessee, is here.

DHS had reopened a closed investigation into a 2022 Tennessee traffic stop. The court treated that reopening as the starting point of the vindictive taint: the government had previously closed the case after removing him, saying its goals were accomplished. After his successful lawsuit did it revive the matter.

The government was explicit about the connection. Deputy Attorney General Todd Blanche publicly linked the renewed investigation to a Maryland judge’s questioning of Abrego’s deportation.

Aakash Singh, a senior official reporting up the DOJ chain, then closely supervised the path to indictment. He pressed for charging information, asked about possible charges, requested drafts, monitored timing, and told the team to keep matters close until they got “clearance.”

The government used the criminal case to bring Abrego back to the United States—the very thing courts had already ordered it to facilitate. The judge concluded that, but for Abrego’s successful lawsuit to be returned, the government would not have brought the prosecution