The Supreme Court on Friday said it would hear arguments over President Donald Trump’s executive order on birthright citizenship. Signed early in his second term, the order states that children born in the U.S. to parents who are undocumented or in the country temporarily are not citizens.
Lower courts have said the order is unconstitutional, including the 9th United States Circuit Court of Appeals, which said in July that it “contradicts the plain language of the 14th Amendment’s granting of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof.’”
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They continued to rule this way, even after the Supreme Court said in June that three federal district judges overreached their authority when they issued nationwide injunctions against the order.
The case being heard by the Supreme Court comes out of New Hampshire, and will be argued in the spring, according to The Associated Press, with a definitive ruling expected by early summer.
“Our Constitution and the more than a century of court decisions on this topic are overwhelmingly clear: no politician can decide who among those born in this country is worthy of citizenship,” SangYeob Kim, director of the Immigrants’ Rights Project at the American Civil Liberties Union of New Hampshire, said in a statement Friday. “We will continue fighting this cruel executive order to ensure that every child born in the United States has their right to citizenship protected instead of being relegated to a permanent, multigenerational subclass of people born in the U.S. but who are denied full rights.”
The ACLU of New Hampshire and other legal advocates are representing plaintiffs in a nationwide class action lawsuit against the order.
Trump administration Solicitor General D. John Sauer, meanwhile, maintained that noncitizens are not “subject to the jurisdiction” of the United States.
“The Fourteenth Amendment’s Citizenship Clause was adopted to grant citizenship to newly freed slaves and their children — not … to the children of aliens illegally or temporarily in the United States,” Sauer wrote in his appeal to the Supreme Court to hear the case.
Other moves by the Trump administration to crack down on immigration have faced legal challenges as well, although this is the first to make it to the Supreme Court for a final ruling. Supreme Court justices have issued emergency orders in other cases, though. Other legal pushback to the Trump administration include lawsuits over the deployment of federal immigration agents in cities such as Los Angeles and Chicago, as well as their use of force, and deportations done that were attributed to the Alien Enemies Act.
