250 Years Later: The Same Immigration Debates Continue
This week, the Supreme Court ruled to protect birthright citizenship — the same right that has been debated, challenged, and rewritten since the country was founded. As the US turns 250, historians say the core question has never changed: who gets to belong here? The answer has always depended on race, politics, and power.
This week, the Supreme Court upheld the 14th Amendment's birthright citizenship clause — the rule that says anyone born on US soil is automatically a citizen. The Trump administration had tried to end it. The court said no. The timing was striking: the ruling came just as the US celebrated its 250th birthday.
America Has Always Fought Over Who Belongs
Historians say this fight is nothing new. The very first naturalization law, passed in 1790, limited citizenship to "free, white persons" of "good character" who owned property. That racial restriction stayed on the books for 162 years — until the Immigration and Nationality Act of 1952, which created the modern immigration system we still use today. "These were racially coded systems from the start," said Bryan Zehngut-Willits, a historian of US immigration. The pattern repeated itself across generations: anti-Chinese laws in the 1870s and 1880s, racial quotas in the 1920s, mass deportations of Mexican migrants during the Great Depression, and anti-Muslim policies after 9/11. Today, historians say similar patterns are playing out again — with enforcement actions targeting Latino communities and people from Muslim-majority and African nations.
US Citizenship Checklist — Free
Naturalization: from N-400 to the Oath
Ellis Island: Not as Simple as It Sounds
The federal agency USCIS recently posted about Ellis Island, calling it a symbol of immigration "protected by order, law, and responsibility." But historians push back on that clean picture. More than 12 million people passed through Ellis Island between 1892 and 1954. About 98% were allowed in — but who got in and who didn't often depended on the individual decisions of administrators, not just written rules. "There is always a gap between how a law is written and how it is administered," said Zehngut-Willits. Vincent Cannato, a history professor at the University of Massachusetts Boston and author of American Passage: The History of Ellis Island, agreed: "Ellis Island means many things to many people." The same is true today — immigration courts and USCIS rules are applied unevenly, and outcomes often depend on who is reviewing your case.
What This Means for You Today
Understanding this history matters for anyone going through the immigration system right now. Birthright citizenship is protected — for now. But other rights, like the right to a fair immigration court hearing or the ability to renew a work permit (called an EAD, or Employment Authorization Document), can change quickly. Staying informed and knowing your rights is more important than ever.
What to do
- Know your birthright citizenship rights: The Supreme Court upheld the 14th Amendment in 2026. If you have a US-born child, that child is a citizen — document this with a US birth certificate.
- Stay current on your immigration status: Whether you are on a work visa, applying for a green card, or renewing a work permit (Form I-765, the EAD application), missing a deadline can have serious consequences. Check USCIS.gov for current processing times.
- Learn your rights in immigration court: If you receive a notice to appear in immigration court (called a removal proceeding), you have the right to an attorney — though the government does not have to pay for one. Lawyers recommend finding legal help as soon as possible.
- Connect with a nonprofit immigration legal service: Many organizations offer free or low-cost help. Search for accredited representatives at the Department of Justice's website.
Fishkin Law Firm, New York
The Supreme Court's 2026 ruling upholding birthright citizenship is binding — but it does not protect every immigration status. If you are in removal proceedings (the formal process where the government tries to deport you), you have the right to present your case before an immigration judge, and you may be eligible for relief such as asylum, cancellation of removal, or adjustment of status (applying for a green card from inside the US). Do not miss your court date under any circumstances — a missed hearing almost always results in an automatic deportation order. Consult an immigration attorney as early as possible to understand which options apply to your specific situation.