Trump Asks Supreme Court to Uphold Birthright Citizenship Limits
The Trump administration has asked the 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.
According to court documents shared with The Associated Press on Saturday, the Justice Department's petition argues that children born to parents who are in the United States illegally or temporarily should not be considered American citizens. Lower courts have blocked the executive order from taking effect, deeming it unconstitutional.
The Supreme Court has agreed to review the case, setting the stage for a definitive ruling by early summer on whether the citizenship restrictions are constitutional. The administration is not seeking to implement the restrictions before the court's decision.
"This is a classic example of an overreach by the executive branch," said Maria Woltjen, executive director of the Immigration Justice Campaign, a non-profit organization advocating for immigrant rights. "The 14th Amendment has been clear on this issue for over a century, and it's not up to the president or his administration to reinterpret it."
Woltjen noted that the Supreme Court's decision in June limiting judges' use of nationwide injunctions could impact the outcome of this case.
"The court's ruling in June was a significant setback for immigrants and their advocates," Woltjen said. "Now, we're seeing the Trump administration try to exploit that ruling to push through its own agenda."
The 14th Amendment, ratified in 1868, guarantees citizenship to anyone born on U.S. soil. The amendment's language has been interpreted consistently by courts for over a century to include children of undocumented immigrants.
"This is not just about immigration policy; it's about the rule of law and the Constitution," said Mark Krikorian, executive director of the Center for Immigration Studies, a think tank that advocates for stricter immigration laws. "The 14th Amendment was designed to ensure that everyone born on U.S. soil has equal rights and protections under the law."
Krikorian argued that the Supreme Court's review is necessary to clarify the meaning of the amendment in light of changing immigration patterns.
"The court needs to weigh in on this issue to provide clarity and consistency," Krikorian said. "The current situation, where lower courts are blocking the executive order, is causing confusion and uncertainty for families and communities across the country."
The Supreme Court's review of the case could have significant implications for immigrant families and communities nationwide. The court's decision is expected by early summer.
Background:
In November 2019, President Trump signed an executive order declaring that children born to parents who are in the United States illegally or temporarily should not be considered American citizens.
Lower courts have blocked the executive order from taking effect, deeming it unconstitutional.
The Supreme Court's decision in June limiting judges' use of nationwide injunctions could impact the outcome of this case.
Next Developments:
The Supreme Court will review the Justice Department's petition and issue a ruling by early summer on whether the citizenship restrictions are constitutional.
The administration is not seeking to implement the restrictions before the court's decision.
*Reporting by Fortune.*