WASHINGTON (AP) — The Supreme Court agreed on Friday to take up the constitutionality of President Donald Trump’s order on birthright citizenship, declaring that children born to parents who are in the United States illegally or temporarily are not American citizens. The justices will hear Trump’s appeal of a lower-court ruling that struck down the citizenship restrictions. These restrictions have not been enacted anywhere in the country yet. The case is expected to be argued in the spring, with a ruling anticipated by early summer.
The birthright citizenship order was signed by Trump on January 20, the first day of his second term, as part of a broader immigration crackdown by his administration. This includes increased immigration enforcement in several cities and the recently invoked Alien Enemies Act. The administration faces numerous legal challenges, with mixed signals from the Supreme Court, which has halted the use of the Alien Enemies Act for swift deportations but allowed sweeping immigration stops in the Los Angeles area.
This review marks the first time a Trump-era immigration policy related to citizenship will reach the Supreme Court for a definitive ruling. Birthright citizenship is backed by the 14th Amendment, which has historically conferred citizenship to anyone born in the U.S., including children of undocumented immigrants.
Lower courts have consistently ruled that Trump's citizenship order is unconstitutional, highlighting the amendment's intention to protect the citizenship of formerly enslaved individuals and their descendants. A federal judge in New Hampshire had blocked the order in a class action involving children impacted by the rule.
The case's implications stretch as far as whether children of noncitizens are considered 'subject to the jurisdiction' of the United States, a key argument in favor of the administration's position. Significant political backing comes from 24 Republican-led states and several congressional lawmakers supporting Trump's stance on this contentious issue.
The birthright citizenship order was signed by Trump on January 20, the first day of his second term, as part of a broader immigration crackdown by his administration. This includes increased immigration enforcement in several cities and the recently invoked Alien Enemies Act. The administration faces numerous legal challenges, with mixed signals from the Supreme Court, which has halted the use of the Alien Enemies Act for swift deportations but allowed sweeping immigration stops in the Los Angeles area.
This review marks the first time a Trump-era immigration policy related to citizenship will reach the Supreme Court for a definitive ruling. Birthright citizenship is backed by the 14th Amendment, which has historically conferred citizenship to anyone born in the U.S., including children of undocumented immigrants.
Lower courts have consistently ruled that Trump's citizenship order is unconstitutional, highlighting the amendment's intention to protect the citizenship of formerly enslaved individuals and their descendants. A federal judge in New Hampshire had blocked the order in a class action involving children impacted by the rule.
The case's implications stretch as far as whether children of noncitizens are considered 'subject to the jurisdiction' of the United States, a key argument in favor of the administration's position. Significant political backing comes from 24 Republican-led states and several congressional lawmakers supporting Trump's stance on this contentious issue.
