President Donald Trump’s administration has taken a significant step by asking the Supreme Court to review his controversial plan to limit birthright citizenship in the U.S. This move could change how the Constitution has been understood regarding citizenship for many years.
On Friday, the Justice Department filed appeals against lower court rulings that blocked Trump’s executive order. This order was signed on his first day back in office in January and is part of his strict immigration policy. The Justice Department argued that the lower courts’ decisions undermine border security and unjustly grant citizenship to many individuals who do not qualify.
The executive order aims to deny citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or a lawful permanent resident. This action has led to several lawsuits claiming it violates the 14th Amendment, which states that anyone born in the U.S. is a citizen.
Multiple lower courts halted the order, deeming it unconstitutional. The administration is now appealing to the Supreme Court, hoping to challenge the authority of federal judges to issue broad injunctions that stop presidential policies.
Two main challenges to Trump’s order are currently being reviewed. One comes from the state of Washington and three other states, while the other is from a group of individuals in New Hampshire. In July, the 9th U.S. Circuit Court of Appeals sided with the states, and a judge in New Hampshire allowed plaintiffs to proceed with a class action lawsuit, effectively blocking the order nationwide.
Cody Wofsy, an attorney for the New Hampshire plaintiffs, stated that the executive order is illegal and they will continue to fight against it. The administration is asking the Supreme Court to hear the New Hampshire case even before a federal appeals court has made a ruling.
The 14th Amendment, ratified in 1868, ensures that all persons born or naturalized in the U.S. are citizens. Traditionally, this has included almost everyone born on U.S. soil. However, the Trump administration argues that this does not apply to immigrants who are here illegally or those with temporary visas.
The Justice Department claims that universal birthright citizenship encourages illegal immigration and has led to practices like “birth tourism,” where foreigners come to the U.S. specifically to give birth.
Since Trump returned to office, his administration has frequently sought the Supreme Court’s intervention to implement policies even while their legality is being challenged. The court has sided with the administration in many cases related to immigration and deportations.
On the same day as the appeals, the Supreme Court allowed Trump to withhold approximately $4 billion in foreign aid that Congress had authorized for the current fiscal year. This pattern shows the court’s willingness to support the administration’s efforts in immigration-related matters.
