Future Steps Regarding Birthright Citizenship Following the Supreme Court Decision
Unfiltered Insights on Trump's Controversial Birthright Citizenship Move
President Donald Trump's crusade to scrap birthright citizenship, a practice that grants American citizenship to anyone born on U.S. soil—including children of immigrants here illegally—refuses to lose steam, despite the Republican administration's latest setback.
Last Friday saw a Republican victory, albeit partial, as the Supreme Court limited nationwide injunctions, allowing the birthright citizenship debate to escalate once more. Immigration advocates, however, vow to keep fighting to preserve this more-than-century-old, bedrock principle.
Here's everything you need to know about the nuanced situation surrounding birthright citizenship, the Supreme Court's ruling, and the potential future developments.
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Take Me Back to Basics: What is Birthright Citizenship?
Simply put, birthright citizenship guarantees American citizenship to anyone born in the U.S., regardless of their parents' immigration status or legal ties to the nation. Rooted in the aftermath of the Civil War, the 14th Amendment—ratified in 1868—was designed to ensure that Black people, including former slaves, had citizenship. The amendment explicitly states, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States."
Fast forward to 1901, when Wong Kim Ark, a U.S.-born child of Chinese parents, was denied re-entry into the country after traveling abroad. His case ultimately led the Supreme Court to rule that birthright citizenship is extended to anyone born on U.S. soil, regardless of the parents' legal status. Additional exceptions are few, with children born to foreign diplomats being among them.
The Man in the Oval Office Takes On Birthright Citizenship
Trump's longstanding objective has been to do away with birthright citizenship, as he sees it as a magnet for illegal immigration. In January 2021, his executive order aimed to bar citizenship to babies born to undocumented or temporary immigrants. The order seeks to capitalize on a single phrase in the 14th Amendment, "subject to the jurisdiction thereof," contending this means the U.S. can deny citizenship to babies born to women in the country illegally.
Federal judges have repeatedly disagreed, issuing nationwide injunctions to halt Trump's order from taking effect, citing the 14th Amendment's explicit requirements. During a 2021 hearing, U.S. District Judge John Coughenour declared that it was a blatantly unconstitutional order, a sentiment shared by U.S. District Judge Deborah Boardman, who stated that the Supreme Court has never endorsed Trump's interpretation of birthright citizenship.
What Does the Supreme Court Say About Trump's Order?
In a major twist, the Supreme Court issued a ruling that served as a victory for the Trump administration, but not in the manner one might think. The Court limited the use of nationwide injunctions, confining them to the jurisdiction where they were issued rather than applying them nationwide. This significantly narrows the power to issue nationwide injunctions, which Trump supporters have argued overreach the president's authority.
That being said, the Supreme Court did not address the constitutionality of Trump's birthright citizenship order. As such, the fight has not been decided and likely continues in the lower courts for the immediate future.
Clarity Ahead?
The Supreme Court's ruling sends the cases challenging Trump's order back to the lower courts. Precise implementation details must now be worked out, with the birthright citizenship policy remaining blocked for at least a 30-day grace period.
Opponents of Trump's order have raised concerns about a patchwork of policies across states, suggesting this would create confusion and chaos without nationwide relief. Yet, the future is uncertain, as civil and immigrant rights groups have already filed a class-action lawsuit, potentially leading to nationwide injunctions or other restrictions in the future.
It's worth noting that, although it's a conservative-leaning Court, Justice Sonia Sotomayor dissented in the majority decision, asserting the order is "patently unconstitutional" based on past precedents. With the legal debate raging on over the 14th Amendment's interpretation, the ultimate fate of President Trump's birthright citizenship order remains unclear.
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- The ongoing debate over President Donald Trump's aim to abolish birthright citizenship, a centuries-old policy that ensures American citizenship to anyone born in the United States regardless of parents' immigration status, is hindered by political maneuverings and policy-and-legislation disputes.
- As the Supreme Court's recent ruling limited nationwide injunctions, enabling the birthright citizenship debate to escalate once more, the future of this contentious issue rests on the outcome of legal battles and political conversations that pervade the realm of general-news and politics.
