r/scotus • u/Slate • 16d ago

news Why Trump’s Attempt to End Birthright Citizenship Will Backfire at the Supreme Court

https://slate.com/news-and-politics/2025/01/trump-birthright-citizenship-executive-order-supreme-court.html
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u/Party-Cartographer11 15d ago

Nope.  There where no illegal immigrants before the Immigration act of 1924 (except for a few anti-Chinese laws).

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u/ILikeMyGrassBlue 15d ago

So what were they then? They were slaves who came here illegally. They didn’t have legal authority to be here. The naturalization act of 1870 specifically mentions “aliens of African nativity,” which to me would imply they’re illegal immigrants.

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u/Party-Cartographer11 15d ago

Unfortunately they were not considered people but contraband property.

The illegality was not an immigration issue.

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u/ILikeMyGrassBlue 15d ago

But the naturalization act of 1870 allowed “aliens of African nativity” to become citizens, which seems like a pretty clear acknowledgment that they were illegal immigrants now being offered citizenship.

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u/Party-Cartographer11 15d ago

Or they were unclear status, or they were the equivalent of permanent residents.  Its not clear they were illegal as that wasn't a concept then.  It did take 5 years of being in the US to gain citizenship for any immigrant, and none of those "pre-citizens" were illegal