Supreme Court could create a whole new class of noncitizens
Supreme Court could create a whole new class of noncitizens
An enormous administrative problem and a mountain of paperwork for everyone is only the tip of the iceberg
By Russell Payne
Staff Reporter
Published April 1, 2026 6:30AM (EDT)
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Salon) Avictory for President Donald Trump in the birthright citizenship case before the Supreme Court would not only create a mountain of paperwork for many Americans, but could also create a class of generationally stateless American residents, according to attorneys who have filed briefs in the case.
The legal merits of the Trump administrations arguments against birthright citizenship aside, the administrations interpretation of the 14th Amendment, which asserts that at least one of a childs parents must be a U.S. citizen to claim citizenship, would detonate a bomb in the U.S.s legal and electoral system and even make Trumps top legislative priority, the SAVE America Act, practically unworkable.
Danielle Lang, the vice president for voting rights and rule of law at the Campaign Legal Center, told Salon that if Trump gets his way on birthright citizenship and the SAVE America Act, which would require proof of citizenship to register to vote, which could create a bureaucratic nightmare for Americans, in no small part because in this scenario, a birth certificate would no longer serve as proof of citizenship.
The question of proof of citizenship status would become exceptionally complicated, as the primary proof of citizenship for most Americans is their birth certificate, Lang said. Most Americans are citizens by virtue of being born here, and their proof of citizenship is their birth certificate or other proof that they were born in the United States. Only for those who have migrated here are they going to have an alternative form of proof of citizenship, like a naturalization certificate. ..............................(more)
https://www.salon.com/2026/04/01/supreme-court-could-create-a-whole-new-class-of-noncitizens/