Alito’s Dissent on Birthright Citizenship: A Historical Irony

In 1913, Antonino Alati left southern Italy seeking a better life, joining millions who faced bias in the U.S. Against stereotypes of being poor, unassimilated, and not considered ‘white,’ Italians, including Alati, grappled with prejudice. Despite this, Alati made a home for his family, introducing future generations, including a Supreme Court justice.

Samuel A. Alito Jr., the son of immigrants, became the second Italian American on the U.S. Supreme Court, following Antonin Scalia. During his 2005 confirmation hearings, Alito praised his father’s resilience and achievements in the face of adversity, helping Italian Americans find acceptance in the U.S.

In a twist of history, Alito vehemently dissented in a Supreme Court decision regarding President Trump’s attempt to end birthright citizenship. Alito’s dissent highlighted the irony of descendants, and sometimes immigrants, forgetting their ancestry and becoming unsympathetic towards newer immigrants.

Alito’s 39-page dissent used terms like “overran,” “soared,” and “exploded,” which echoed the language used against Italians in the past. He questioned the loyalty of U.S.-born children of immigrants, similar to how Italian Americans were challenged decades ago.

While many Supreme Court justices dismissed his views, Alito maintained his stance. My own family’s journey from Mexico to the U.S. bears resemblance to the Italian American story. They, too, faced challenges while striving for a brighter future.

Alito identifies the moral claims of American-born children of undocumented immigrants, suggesting Congress should address their circumstances. He criticizes “birth tourism,” arguing that it undermines genuine contributions to American society.

However, Alito’s opposition to presidential overreach by Trump reflects a deeper issue. By wanting to alter the Constitution, Alito disregards the historical pattern of restrictive policies failing.

As Alito concludes, amplifying concerns about future immigrants, history evidences these worries are frequently unfounded. Both Alito’s lineage and mine exemplify the fallacy of immigration fears.