President Donald Trump of the United States has taken his quest to abolish birthright citizenship for children of undocumented immigrants and other cases to the Supreme Court. This past Thursday, in an emergency petition, the Trump administration asked the justices to minimize the impact of lower court rulings that previously dismissed an executive order denying birthright citizenship to children of undocumented immigrants.
The judicial orders in question were issued by federal district judges in Maryland, Massachusetts, and Washington, blocking an order signed by Trump on January 20, hours after he began his current term. In its emergency appeals, the Department of Justice argues that individual judges lack the authority to impose nationwide effect through their rulings.
"Universal injunctions have reached epidemic proportions since the current administration began," the appeal to the Supreme Court contends. "These universal injunctions prohibit a day one decree from being enforced anywhere in the nation concerning 'hundreds of thousands' of unspecified individuals who 'are not before the court nor identified by the court,'" it adds.
Trump's order seeks to reinterpret the 14th Amendment of the Constitution, which states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State wherein they reside." If the president's policy is enacted, the Department of State would be unable to issue passports to children born after February 19 to undocumented parents, and their recognition as citizens by the Social Security Administration would be restricted, making it difficult for them to access basic rights and work legally in the country.
Furthermore, U.S. agencies would be barred from issuing any certifications or accepting any state documents recognizing those children's citizenship. The administration has requested, "at a minimum," authorization to make public announcements about how it plans to enforce the policy if implemented.
Trump argues that birthright citizenship was not intended to allow "everyone to come and pile into the United States" and calls it "ridiculous" that automatic citizenship is granted to anyone born on its soil. For over 150 years, U.S. jurisprudence has upheld the ius soli (right of the soil) principle, interpreting the 14th Amendment as a legitimate means of guaranteeing citizenship to everyone born in the country, regardless of their parents' immigration status.
Some conservatives criticize this stance, pointing out that the 14th Amendment specifies two requirements for citizenship: being born in the country and being "subject to the jurisdiction" of the United States. According to this theory, undocumented immigrants are subject to the jurisdiction of their countries of origin.
So far, over 20 states, as well as individuals and groups, have filed lawsuits against Trump's executive order, accusing it of violating the 14th Amendment. In its appeal, the government asks that the president's plan be implemented for all except those individuals and groups that have sued, arguing that the states lack the legal right or standing to challenge the executive order.
Key Questions on Trump's Birthright Citizenship Proposal
What is the 14th Amendment's stance on birthright citizenship?
The 14th Amendment states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State wherein they reside.
How has U.S. jurisprudence historically interpreted the 14th Amendment?
Historically, U.S. jurisprudence has recognized the principle of ius soli (right of the soil), interpreting the 14th Amendment as a legitimate means to guarantee citizenship to everyone born in the country, regardless of their parents' immigration status.
What are some consequences if Trump's policy on birthright citizenship is enacted?
If enacted, the policy would prevent the issuance of passports to children born to undocumented parents after February 19 and restrict their recognition as citizens, impacting their access to basic rights and ability to work legally in the U.S.