Trump Asks Supreme Court to Uphold Birthright Citizenship Limits
The Trump administration has asked the US Supreme Court to uphold its executive order limiting birthright citizenship, a move that could upend how the 14th Amendment has been interpreted for over 125 years. The appeal, filed on Saturday, comes after lower courts have blocked the restrictions from taking effect.
According to the Justice Department's petition, the administration is seeking a definitive ruling from the high court on whether children born to parents who are in the United States illegally or temporarily are not American citizens. The petition argues that the 14th Amendment does not guarantee citizenship to all individuals born within US territory.
In June, the Supreme Court ruled that judges can no longer issue nationwide injunctions against federal policies, paving the way for the Trump administration's appeal. Lower courts have previously struck down the executive order as unconstitutional or likely so.
"This is a critical step in our efforts to enforce immigration laws and protect American sovereignty," said a Justice Department spokesperson. "We are confident that the Supreme Court will ultimately uphold the constitutionality of this policy."
The move has sparked criticism from immigrant rights advocates, who argue that birthright citizenship is a fundamental right protected by the 14th Amendment.
"Birthright citizenship is a cornerstone of our democracy and a fundamental principle of equality," said Marielena Hincapié, executive director of the National Immigration Law Center. "We will continue to fight against any attempts to undermine this right."
The Trump administration's executive order was first announced in September 2019, but it has been blocked from taking effect by lower courts. The Supreme Court is expected to hear arguments on the issue by early summer.
Background and Context
The 14th Amendment, ratified in 1868, grants citizenship to individuals born within US territory. However, its interpretation has been subject to debate over the years. In recent decades, the Supreme Court has largely upheld the amendment's broad interpretation of citizenship.
Additional Perspectives
Some experts argue that the Trump administration's appeal is a test case for the Supreme Court's willingness to revisit long-standing interpretations of the 14th Amendment.
"This is a significant moment in the history of immigration law and the Constitution," said Stephen Yale-Loehr, an immigration expert at Cornell University. "The Supreme Court will have to grapple with the meaning of birthright citizenship and its implications for American society."
Current Status and Next Developments
The Supreme Court has not yet announced a date for oral arguments on the issue. However, the administration's appeal sets in motion a process that could lead to a definitive ruling by early summer. The outcome will have significant implications for immigration policy and the interpretation of the 14th Amendment.
Sources
Justice Department spokesperson
Marielena Hincapié, executive director of the National Immigration Law Center
Stephen Yale-Loehr, immigration expert at Cornell University
*Reporting by Fortune.*