On Thursday, President Donald Trump escalated his controversial effort to end birthright citizenship by bringing the issue before the U.S. Supreme Court.
Trump’s executive order, signed on his first day in office, seeks to eliminate birthright citizenship for children born in the U.S. to undocumented immigrants. However, it has faced legal challenges, with federal district courts in Maryland, Massachusetts, and Washington state blocking its enforcement.
Birthright citizenship is guaranteed under the 14th Amendment to the U.S. Constitution, which states that anyone born on U.S. soil is a citizen. Trump’s order attempts to alter this by arguing that children of undocumented immigrants should not automatically qualify for citizenship.
In an emergency application to the Supreme Court, the Justice Department requested that the Court limit the scope of the nationwide injunctions issued by lower courts, applying only to the specific plaintiffs in the ongoing cases. Acting Solicitor General Sarah Harris referred to this request as a “modest” one, emphasizing that the Department was not asking the Court to rule on the constitutionality of ending birthright citizenship at this time.
“Universal injunctions prevent enforcement of a Day 1 Executive Order across the entire country,” Harris argued. “While the courts continue to examine the substantive issues, the Court should limit these injunctions to the parties within the jurisdiction of the courts that issued them.”
Trump has faced mounting legal obstacles as he seeks to curb illegal immigration, cut government spending, and reduce the federal workforce. In another recent setback, a California district judge ordered six federal agencies to reinstate thousands of probationary workers who had been dismissed.
In her brief, Harris also criticized the growing number of “universal injunctions” that district courts have issued against Trump administration policies. She argued that such injunctions are preventing the executive branch from fulfilling its constitutional duties, calling them an “epidemic.”
The executive order was initially slated to take effect by February 19. Under the 14th Amendment, it is clear that anyone born or naturalized in the U.S. is automatically a citizen, provided they are subject to the country’s jurisdiction. Trump’s order contends that individuals in the U.S. illegally or on temporary visas are not “subject to the jurisdiction” of the U.S., and therefore should be excluded from birthright citizenship.
Judge John Coughenour, who heard the case in Washington state, sharply criticized the executive order, calling it “blatantly unconstitutional.” Coughenour, appointed by President Ronald Reagan, stated, “I’ve been on the bench for over four decades, and I can’t recall a case where the question was as clear as this one.”
With a conservative-majority Supreme Court, including three justices nominated by Trump, the Court is set to play a pivotal role in determining the limits of executive power and the ongoing legal challenges facing the Trump administration.
AFP
