One of President Donald Trump’s biggest campaign promises could soon run into a major constitutional roadblock.
As the U.S. Supreme Court prepares to release another round of decisions, one well-known legal expert believes the justices are unlikely to hand the Trump administration the victory it is seeking on birthright citizenship.
Constitutional attorney and former Harvard Law professor Alan Dershowitz says he expects the Court to reject the administration’s argument that a president can end automatic birthright citizenship through executive action.
Speaking Thursday on The National Desk, Dershowitz predicted the Court will largely side with more than a century of legal precedent interpreting the 14th Amendment.
“I think the birthright decision will go mostly against the Trump administration,” Dershowitz said. “The Supreme Court would hold that the Constitution requires that if you’re born in this country and are subject to the jurisdiction thereof, you are a citizen.”
The closely watched case centers on one of Trump’s signature immigration priorities.
The administration argues that children born in the United States to parents who are in the country illegally should not automatically receive U.S. citizenship. A ruling in Trump’s favor would mark one of the biggest changes to immigration policy in generations.
Dershowitz, however, believes the Court will likely draw a distinction between presidential authority and congressional authority.
According to him, the justices could conclude that while the president cannot unilaterally redefine birthright citizenship, Congress may have the constitutional authority to clarify who qualifies as being “subject to the jurisdiction” of the United States under the 14th Amendment.
He suggested lawmakers could establish standards for individuals whose connection to the United States is only temporary.
For example, Dershowitz argued that someone born in America while merely passing through the country and leaving almost immediately may present a different constitutional question than someone who permanently lives under U.S. law and jurisdiction.
Because of that, he expects a mixed ruling rather than a complete victory for either side.
“I suspect we’re going to see a split decision,” Dershowitz said, adding that he does not expect the Court to give the executive branch broad authority to end birthright citizenship on its own.
If that prediction proves correct, any major changes to birthright citizenship would likely have to come through Congress instead of the White House.
The comments are notable because Dershowitz has become one of the Democratic Party’s most outspoken critics despite spending decades as a registered Democrat.
The longtime legal scholar recently announced that he has officially registered as a Republican and intends to actively support GOP candidates in future elections.
“I intend to work hard to prevent the Democrats from gaining control of the House and Senate,” Dershowitz said.
He also pledged to donate to Republican campaigns, speak at GOP events, and encourage pro-Israel voters to support Republican candidates unless the Democratic Party changes its current direction.
With the Supreme Court expected to issue its ruling soon, the decision could become one of the most significant constitutional and immigration cases of Trump’s second term. Whether the Court agrees with Dershowitz’s prediction or not, the outcome is expected to shape the future of birthright citizenship and executive power for years to come.