The U.S. Supreme Court has delivered its decision regarding President Donald Trump’s initial executive order that terminates birthright citizenship for the offspring of illegal immigrants.
Trump has achieved a significant victory in the Birthright Citizenship Case. This victory is not based on the substantive issues, but rather on the question of whether a universal injunction is permissible. This holds considerable importance for all cases involving universal injunctions.
Senior Legal Correspondent Margot Cleveland clarified the implications of this ruling, stating, “The US Supreme Court permits Trump’s executive order that limits birthright citizenship to be enforced in certain regions of the country for the time being by restricting federal judges’ capacity to obstruct the president’s policies on a national scale.”
The Supreme Court conducted oral arguments in this matter in May, following the issuance of nationwide injunctions against the order’s enforcement by three lower federal courts.
In an executive order signed on Inauguration Day, Trump asserted that the provision of the 14th Amendment, which grants U.S. citizenship to children born on American soil, is applicable solely to those who have at least one parent who is a citizen or a permanent resident.
Should it be enacted, Trump’s policy would prevent citizenship at birth for approximately 255,000 infants born each year in the U.S. to illegal immigrants or temporary visa holders, as reported by the Migration Policy Institute.
According to the 14th Amendment, ratified in 1868, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” For more than a century, this provision has been interpreted to confer citizenship at birth to all individuals, with the exception of children of foreign diplomats, as noted by the WSJ.
However, supporters of Trump’s order contended that the historical context of the amendment was intended to provide citizenship to the children of former slaves, and that this provision has been misused by illegal migrants who take advantage of it to establish a presence in the U.S. by having a child on American soil.