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The Supreme Court has agreed to consider the constitutionality of President Donald Trump’s order on birthright citizenship He then declared that children born to parents living in the United States illegally or temporarily are not American citizens.
Judge will hear Trump’s appeal The lower court’s decision struck down the citizenship restrictions.
The case will be debated in the spring and a final decision is expected by the early summer.
The birthright citizenship order, which Trump signed on the first day of his second term, is part of his Republican administration’s broader immigration crackdown. Other actions included increased immigration enforcement in many cities and the first peacetime enforcement of the 18th-century Alien Enemies Act.
The administration is facing multiple court challenges, and the high court has sent mixed signals in the emergency orders it has issued.
The judges effectively blocked the use of the Alien Enemy Act to rapidly deport alleged Venezuelan gang members without a court hearing. But the Supreme Court allowed a sweeping immigration stoppage to resume in the Los Angeles area after a lower court blocked the practice of stopping people based solely on their race, language, job or location.
The judge is also considering the administration’s emergency appeal for permission to deploy National Guard troops to the Chicago area for immigration enforcement operations. The lower court has put an indefinite stay on the deployment.
Birthright citizenship is Trump’s first immigration-related policy to reach the court for a final decision.
His order will overturn more than 125 years of understanding of the Constitution 14th amendment Provides citizenship to all people born on U.S. soil, with limited exceptions for children of foreign diplomats and those born in a foreign occupation force.
In a series of decisions, lower courts have ruled the executive order unconstitutional, or possibly even unconstitutional, following a Supreme Court decision in late June that limited the use of nationwide injunctions by judges.
However, the Supreme Court did not rule out other court orders that could have nationwide impact, including class action lawsuits and lawsuits brought by states. The judges did not decide at the time whether the underlying citizenship order was constitutional.
Every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that black people, including former slaves, had citizenship. Birthright citizenship automatically makes anyone born in the United States a U.S. citizen, including children born to mothers living in the country illegally under long-standing rules.
The case in question comes from New Hampshire. A federal judge in July blocked the citizenship order, including all children affected, in a class action lawsuit. The American Civil Liberties Union is leading the legal team representing the children and their parents who challenged Trump’s order.
“No president can change the core promise of citizenship in the 14th Amendment,” ACLU national legal director Cecilia Wang said in a statement. “We look forward to taking this issue to the Supreme Court once and for all in this term,” he said.
The administration had also asked judges to review the decision of the 9th U.S. Circuit Court of Appeals in San Francisco. That court also ruled in July that a group of Democratic-led states suing Trump’s order needed a nationwide injunction to prevent problems that would result from birthright citizenship taking effect in some states and not others. The judges took no action in the 9th Circuit case.
The administration has claimed that children of non-citizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.
“The Citizenship Clause of the Fourteenth Amendment was adopted to grant citizenship to newly freed slaves and their children – not … to the children of aliens residing illegally or temporarily in the United States,” D. John Sawyer, the top administration’s Supreme Court lawyer, wrote in urging the high court’s review.
Twenty-four Republican-led states and 27 Republican lawmakers, including Senators Ted Cruz of Texas and Lindsey Graham of South Carolina, are supporting the administration.