On May 15, the Supreme Court will hear arguments on the executive order by which President Trump plans to abolish automatic citizenship rights for anyone born in the United States.
The administration had asked the justices to revoke or limit nationwide orders blocking the president’s executive action, which Democratic-leaning states and immigrant advocacy organizations say is at odds with the nation’s history and unconstitutional.
Birthright citizenship, guaranteed by the 14th Amendment, ensures that anyone born on U.S. soil is automatically a citizen, regardless of their parents’ immigration status. Trump has argued that this principle was intended only for children of enslaved people and not for undocumented immigrants or temporary residents.
Should it be passed, the reform would deny citizenship to infants having non-American parents. According to early figures, the order would affect no fewer than 150,000 children a year. Trump’s executive order has been blocked nationwide by three district courts across the country. If the president’s proposed changes to birthright citizenship were implemented, children born in the U.S. to parents who are undocumented immigrants or temporary foreign residents would likely be excluded from automatic citizenship. The policy would redefine the 14th Amendment’s Citizenship Clause to apply only to children with at least one parent who is a U.S. citizen or permanent legal resident
The Republican administration had sought to limit these restrictions to allow the policy to take effect in some or most parts of the country while court challenges took place. This is expected to be the focus of High Court arguments on May 15.
The right of citizenship by birth was enshrined immediately after the Civil War in the 14th Amendment of the Constitution. However, Trump and his supporters have argued that there should be stricter standards for becoming a U.S. citizen, something he called “a priceless and profound gift” in the executive order he signed soon after returning to the White House.
The administration also said that children of undocumented immigrants are “not subject to the jurisdiction” of the United States, and therefore are not entitled to citizenship. Trump said he is “very happy” that the Supreme Court will hear his arguments.
So far, the justices have ruled unanimously against the administration. The Department of Justice, for its part, argues that individual magistrates do not have the power to apply their rulings nationwide.
The federal agency also argued that such measures hinder the crucial policies of the executive branch on issues ranging from border security to international relations, from national security to military readiness.
