WASHINGTON (AP) — President Donald Trump's administration is pushing the Supreme Court to affirm an executive order that would deny American citizenship to children born in the U.S. to undocumented or temporarily present parents.
The appeal, made public on Saturday, could lead to a landmark decision from the justices by summer on the constitutionality of these citizenship restrictions.
Until now, lower courts have blocked the enforcement of these restrictions. The administration's request does not seek to allow these rules to take effect immediately pending the court's decision.
According to Solicitor General D. John Sauer, the president's policies are critical for national security and maintaining lawful citizenship rights, asserting that the current court decisions unjustly grant citizenship to many who should not receive it.
Cody Wofsy, an ACLU attorney representing affected children, countered that the executive order is unconstitutional. He promised to fight against any attempts to strip citizenship from those born on U.S. soil.
Trump's order, signed at the beginning of his second term, seeks to overturn over a century of established legal precedent regarding the 14th Amendment, aiming to redefine who is considered 'subject to the jurisdiction' of the United States.
Yet, lower courts have consistently ruled against the administration's stance, indicating that the executive order likely violates constitutional protections intended to secure citizenship for all individuals born within the U.S., with very few exceptions.
The Supreme Court's upcoming decision could reshuffle the landscape of immigration law and birthright citizenship, an issue that has long been a contentious point in American society.
