Supreme Court to Review Trump’s Birthright Citizenship Order
The U.S. Supreme Court has decided to assess the constitutionality of an executive order issued by President Donald Trump, which challenges the automatic citizenship granted to children born in the United States to parents residing illegally or temporarily. The court’s decision comes as a response to President Trump’s appeal following a lower court’s rejection of the order.
Arguments in the case are scheduled for the spring, with a verdict anticipated by early summer. Trump’s birthright citizenship order, signed on January 20, marks the beginning of his second presidential term and is a key element of his administration’s stringent immigration policies. These policies include enhanced immigration enforcement in various cities and the unprecedented peacetime application of the 18th-century Alien Enemies Act.
Numerous legal challenges confront the administration, causing mixed signals from the Supreme Court in emergency rulings. The court halted the expedited deportation of alleged Venezuelan gang members under the Alien Enemies Act but permitted immigration stops in Los Angeles to continue despite a lower court’s racial and demographic concerns.
An emergency appeal by the administration, seeking authorization to deploy National Guard troops in Chicago for immigration enforcement, awaits the Supreme Court’s consideration after being blocked by a lower court.
This birthright citizenship policy is the first of Trump’s immigration measures to reach the Supreme Court for a conclusive decision. The order challenges the longstanding interpretation of the 14th Amendment, which confers citizenship to nearly all individuals born on U.S. soil, excluding children of foreign diplomats and occupying forces.
Lower courts have consistently ruled the executive order unconstitutional or potentially so, despite the Supreme Court’s June ruling restricting nationwide injunctions. The Supreme Court has yet to decide on the constitutionality of the citizenship order itself.
The case under review originates from New Hampshire, where a federal judge blocked the citizenship order in a class action lawsuit, impacting all affected children. The American Civil Liberties Union (ACLU) leads the legal representation for the children and their parents contesting Trump’s order.
“No president can change the 14th Amendment’s fundamental promise of citizenship,” affirmed Cecillia Wang, the ACLU’s national legal director, expressing confidence in the Supreme Court’s forthcoming decision.
The administration has argued that children born to noncitizens are not “subject to the jurisdiction” of the U.S. and thus do not qualify for citizenship. D. John Sauer, the administration’s lead Supreme Court lawyer, emphasized that the 14th Amendment’s Citizenship Clause was intended to grant citizenship to freed slaves and their descendants, not to children of those in the U.S. unlawfully or temporarily.
Support for the administration’s stance comes from 24 Republican-led states and 27 Republican lawmakers, including Senators Ted Cruz and Lindsey Graham.
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