Supreme Court to Review Trump’s Birthright Citizenship Order
The Supreme Court has decided to take up the case concerning President Trump’s executive order aimed at limiting birthright citizenship. This order was put into effect on his first day in office, which restricted citizenship for children of undocumented immigrants and those on temporary visas.
A lower court previously ruled that this order was unconstitutional, prompting the justices to hear the case starting this September. The administration’s petition argues that the provision was originally meant to provide citizenship to newly freed slaves and their descendants, not to children of non-citizens who may temporarily visit the U.S.
Interestingly, this issue was brought before the previous justices, but they weren’t specifically asked to determine its constitutionality. Instead, the Trump administration sought clarification on whether federal courts could issue nationwide injunctions against such orders. In June, the Supreme Court ruled that a “universal injunction” likely exceeded federal court powers.
According to the administration, Trump’s order aims to restore what they believe is the original meaning of the 14th Amendment’s citizenship clause, which they claim only applies to children who are “fully subject” to the U.S. political jurisdiction.
Attorney General D. John Sauer stated that previous rulings interpreting the 14th Amendment clearly refute the idea that being born in the U.S. guarantees citizenship, regardless of circumstances. Opponents of the order, however, argue that the Supreme Court already addressed this issue in the 1898 Wong Kim Ark decision, which confirmed that citizenship by birth applies to all children born in the U.S. to foreigners living here.
Sauer countered that the Wong Kim Ark ruling “does not determine the citizenship status of children of illegal aliens or temporary residents.” The Supreme Court has not scheduled oral arguments yet, but they are expected to happen early next year.
This news is developing and will be updated as more information becomes available.
