The text, history, and structure of the 1952 Immigration and Nationality Act (INA) undermine Trump's Executive Order 14160 on birthright citizenship. Section 1401(a) of the INA grants citizenship to anyone born in the U.S., without reference to parental status, contrary to Sauer’s interpretation that parents must be citizens or green-card holders. Historical context and judicial precedents like Wong Kim Ark (1898) support this broad interpretation. The consistent practice from 1940-1952 also recognized citizenship based on birthplace alone. Additionally, other sections of the INA explicitly mention parental status when relevant, further indicating that section 1401(a) does not require it. Thus, Trump’s order conflicts with established law and must be overturned.
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