Supreme Court Delays Ruling on Birthright Citizenship and Immigration Policy

Background and Legal Context

On June 27, 2025, the United States Supreme Court postponed its decision regarding the constitutionality of President Trump’s Executive Order 14160, issued on January 20, 2025. This executive order sought to revoke birthright citizenship for children born in the U.S. to mothers who are temporarily or unlawfully present, and whose fathers are neither citizens nor legal permanent residents.

Birthright citizenship has been a settled principle in U.S. law since the post-Civil War 14th Amendment and the landmark Wong Kim Ark case of 1898. According to the American Immigration Council, birthright citizenship is common throughout the Americas and serves to eliminate legal inequalities and promote inclusivity.

Immediate Impact of the Supreme Court’s Decision

The Supreme Court’s ruling temporarily halted the enforcement of Executive Order 14160 for 30 days. However, as reported by the New York Times:

“The ruling means that the practice of giving citizenship automatically to the U.S.-born children of undocumented immigrants and some temporary residents and visitors would end in the 28 states that have not challenged the order.”

Human Rights and Social Implications

The ruling coincides with intensified actions by Immigration and Customs Enforcement (ICE), involving arrests, detentions, and deportations of individuals suspected to be undocumented. These actions have caused widespread distress in Hispanic and other immigrant communities, raising critical concerns about constitutional protections, due process, and human rights.

For example, the Barranco family, with members serving in the U.S. Marines, experienced the trauma of their father’s arrest and detention under harsh conditions, highlighting the psychological and social toll on immigrant families and American service members alike.

Historical Parallels and Societal Questions

This situation echoes historical injustices such as the internment of Japanese American soldiers’ families during World War II. It brings to the forefront fundamental questions about belonging, safety, and treatment of newcomers in America:

• Who is considered part of the nation?
• How are newcomers and “strangers” perceived and treated?
• Do fear and xenophobia influence societal responses?

These questions are central to the Sustainable Development Goals (SDGs), particularly SDG 10 (Reduced Inequalities), SDG 16 (Peace, Justice, and Strong Institutions), and SDG 3 (Good Health and Well-being), emphasizing the need for inclusive and equitable societies.

Cultural Complexes and Psychological Perspectives on Immigration

The Immigrant as a Symbol of Future Possibility

Thomas Singer, a Jungian psychoanalyst and psychiatrist, describes immigrants as integral to American mythology—as Pilgrims, Exiles, Bridge-Builders, and Refugees seeking asylum and opportunity. Immigrants represent potential for shared transformation and progress.

Triggers of Fear and Identity Defense

However, new relationships can provoke fear, misunderstanding, and paranoia, leading to exclusionary attitudes. This dynamic is characterized by an idealized self versus a rejected “other,” often scapegoating migrants to manage societal anxieties.

Manifestations of Xenophobia and Racism

Examples include:

1. Undocumented immigrants being unfairly associated with crime despite evidence to the contrary.
2. The “Anti-Latino Cultural Complex,” which reduces Latino identity to binary opposites such as:

• Legal vs. illegal
• Good immigrant vs. criminal
• Assimilated vs. “ungrateful”
• Invisible laborer vs. cultural threat

These patterns undermine SDG 10 by perpetuating inequalities and social exclusion.

The American Autocracy Complex and Political Dynamics

Singer also identifies the “American Autocracy Complex,” driven by fears of chaos and loss of control, leading to resentment toward pluralism and democratic processes. This complex fosters support for strongman leadership and repression, which contradicts the principles of SDG 16 focused on peace, justice, and strong institutions.

“The fear of disorder becomes a self-fulfilling prophecy: chaos justifies repression, and repression is then mythologized as salvation.”

Migration, Global Pressures, and the Path Forward

Global Context and Sustainable Development Goals

Migration is a global phenomenon driven by complex pressures. Addressing migration challenges requires embracing the SDGs, including:

• SDG 1: No Poverty – by supporting economic opportunities for migrants and host communities.
• SDG 8: Decent Work and Economic Growth – ensuring fair labor practices for migrant workers.
• SDG 10: Reduced Inequalities – combating xenophobia and discrimination.
• SDG 16: Peace, Justice, and Strong Institutions – upholding human rights and due process.

Challenges and Opportunities

Current conflicts over birthright citizenship and immigration policy challenge American society to strengthen mental health, social well-being, reason, compassion, and relationships. Failure to do so risks escalating fear and authoritarianism, undermining democratic values and social cohesion.

Conclusion

Immigrants contribute significantly to American society through labor, caregiving, and cultural enrichment. Recognizing their role aligns with the SDGs’ vision of inclusive, just, and sustainable communities. It is imperative that policymakers engage in empathetic and lawful decision-making to prevent harm and promote shared prosperity.

© 2025 Ravi Chandra, M.D., D.F.A.P.A.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 10: Reduced Inequalities – The article discusses issues of immigration, xenophobia, and legal inequalities related to birthright citizenship and treatment of undocumented immigrants.
2. SDG 16: Peace, Justice and Strong Institutions – The article highlights the role of the Supreme Court, legal protections, due process, and concerns about autocracy and repression.
3. SDG 3: Good Health and Well-being – The psychological toll on immigrants and their families, as well as issues of detention without adequate medical care, relate to mental health and well-being.
4. SDG 8: Decent Work and Economic Growth – Reference to immigrants contributing through labor such as caregiving, farming, and service work.
5. SDG 5: Gender Equality – Implicit in the discussion of birthright citizenship affecting children of mothers who are temporarily or unlawfully present.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. SDG 10 – Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws and policies.
   • Target 10.7: Facilitate orderly, safe, and responsible migration and mobility of people.
2. SDG 16 – Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.
3. SDG 3 – Good Health and Well-being
   • Target 3.4: Promote mental health and well-being.
   • Target 3.8: Achieve universal health coverage, including access to quality essential health-care services.
4. SDG 8 – Decent Work and Economic Growth
   • Target 8.5: Achieve full and productive employment and decent work for all, including migrants.
5. SDG 5 – Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Indicators related to SDG 10:
   • Proportion of people who feel discriminated against or experience xenophobia (implied through discussion of racism and xenophobia).
   • Number of countries with laws and policies that facilitate orderly migration (implied by discussion of Executive Order 14160 and birthright citizenship laws).
2. Indicators related to SDG 16:
   • Number of people who have access to legal identity, including birth registration (implied through birthright citizenship issues).
   • Proportion of the population who feel safe walking alone (implied through fear and intimidation described).
   • Number of cases of arbitrary detention or violations of due process (implied by ICE arrests and detentions without adequate care).
3. Indicators related to SDG 3:
   • Prevalence of mental health conditions related to trauma and stress (implied by psychological toll of raids and detention).
   • Access to health services in detention centers (implied by lack of medical care mentioned).
4. Indicators related to SDG 8:
   • Employment rates among migrant populations (implied by references to immigrants working in various sectors).
5. Indicators related to SDG 5:
   • Legal frameworks protecting women’s rights and citizenship status (implied by birthright citizenship affecting children of mothers).

4. Table of SDGs, Targets and Indicators

Source: psychologytoday.com