Trump’s Birthright Citizenship Order Under Legal Scrutiny
On Thursday, former US lawyer Chuck Rosenberg acknowledged that President Donald Trump might be “right” regarding the legality of repealing birthright citizenship for children born to undocumented immigrants.
The Supreme Court is preparing to review an executive order signed by Trump on January 20, which asserts that the USA should not provide birthright citizenship to children of illegal immigrants.
“Things could change. Perhaps President Trump will show he is correct? He might,” Rosenberg noted, while also mentioning that this perspective is considered a minority opinion.
If the Court rules in favor of Trump, it would overturn the US v. Wong Kim Ark decision from 1898, which affirmed that the birthright citizenship clause of the 14th Amendment applies to anyone born on US soil. Rosenberg emphasized the importance of this potential ruling.
The Supreme Court is set to evaluate whether a district judge has the authority to block orders from the executive branch. Several judges have previously issued decisions that challenged Trump’s order, including US District Judge John Cornor, who described the executive action as “blatantly unconstitutional.”
Over 20 states led by Democrats, alongside immigration advocacy organizations, have legally contested the executive order. Following its announcement, multiple states, including Washington, Oregon, Arizona, and Illinois, filed lawsuits to halt the implementation of the new policies.
New Jersey Attorney General Matthew J. Platkin highlighted that in 2022, over 153,000 children were born to two non-citizen parents, reinforcing the significance of this legal battle.
On March 13, the Trump administration sought a Supreme Court decision to lift an order that would prevent the birthright citizenship policy from taking effect, with a lawsuit scheduled for a ruling on April 17.
Additionally, federal judges have intervened in other Trump-era policies, which included a program that allowed up to 500,000 foreigners into the US and efforts to require proof of citizenship for voting in elections.
