Trump Pushes Supreme Court to Greenlight Birthright Citizenship Crackdown

The Trump administration has formally asked the Supreme Court to allow a partial implementation of its executive order ending birthright citizenship for children born in the U.S. to undocumented immigrants and temporary visa holders. Lower courts in Maryland, Massachusetts, and Washington have blocked the order nationwide, citing the 14th Amendment’s citizenship clause. The administration argues these universal injunctions hamper executive authority and wants the high court to either limit their scope or permit federal agencies to move forward with policy development while litigation proceeds.

The controversial executive order, signed on Trump’s first day back in office, seeks to deny automatic U.S. citizenship to children whose parents are not legal permanent residents or citizens. Critics say the move is unconstitutional, with Judge John C. Coughenour of the U.S. District Court in Seattle calling birthright citizenship a “fundamental right” and condemning Trump’s attempt to bypass the amendment process. “The Constitution is not something the government can play policy games with,” he ruled while issuing a nationwide injunction. The case now moves to the 9th Circuit Court of Appeals as the administration faces multiple lawsuits from states and civil rights groups.

The Supreme Court previously upheld birthright citizenship in the 1898 Wong Kim Ark case, affirming that those born on U.S. soil are citizens, except for children of foreign diplomats. Legal scholars widely reject Trump’s legal argument, noting that noncitizens are still subject to U.S. jurisdiction in matters like arrests and deportation. The American Civil Liberties Union, one of the organizations challenging the order, called it “radically cruel and unconstitutional,” vowing to fight it in court. Trump’s latest legal battle over immigration policy underscores the broader struggle over executive power and judicial oversight.

Source: WaPo (gift article)