Trump Reframes Birthright Citizenship With 1884 Elk Case
Trump’s administration argues, citing the 1884 Elk v. Wilkins ruling, that birthright citizenship is not automatic for everyone born in U.S. territory and seeks an executive order to limit it to children of U.S. citizens or permanent residents; the plan is paused by courts and faces challenges from the ACLU, with experts noting Elk’s narrow scope and Wong Kim Ark providing competing precedent.