Countering that argument, the ACLU’s Wang will tell the Supreme Court that the men who wrote the 14th Amendment deliberately chose to confer automatic citizenship on the child, not the parent.

“And the idea — that actually goes back to the founding — is that in America we do not punish children for the sins of their fathers, but instead we wipe the slate clean. When you’re born in this country, we’re all Americans, all the same,” Wang says.