Supreme Court Justice Neil Gorsuch, who has carved out a niche for himself by carefully considering Indian law, asked Sauer if Native Americans today would be considered birthright citizens under the Trump administration’s test.
“Put aside the statute, do you think they’re birthright citizens?” Gorsuch said again.
“I understand that’s what they said,” Gorsuch said. “But your test is the domicile of the parents, and that would be the test you’d have us apply today, right?”
“Are tribal Indians born today birthright citizens?” Gorsuch asked yet again.
“I’ll take the yes,” Gorsuch said.
— Aaron Rupar (@atrupar) April 1, 2026
The Trump administration clearly hasn’t considered the implications of the executive order Trump signed on his first day in office repealing birthright citizenship. But that a DOJ lawyer can’t explain whether Native Americans would be U.S. citizens in Trump’s vision is certainly unsettling.
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