President Donald Trump wants to put an end to birthright citizenship and the U.S. Supreme Court is expected to rule on the case at the end of June or the beginning of July. The justices appear to be divided on the issue, which could leave the decision over birthright citizenship to state courts.
What is birthright citizenship?
Birthright citizenship is included in the 14th amendment of the Constitution. It grants citizenship to any person born or naturalized in the U.S.
What did Trump say about birthright citizenship?
Trump signed an executive order in January claiming that the 14th Amendment of the Constitution does not grant U.S. citizenship to anyone born in the country, according to CNBC. He alleged the amendment was only meant to grant citizenship to the children of formerly enslaved people.
Birthright citizenship has “nothing to do with Illegal Immigration for people wanting to SCAM our Country, from all parts of the World, which they have done for many years,” Trump wrote on Truth Social on Thursday, according to CNBC. “Please explain this to the Supreme Court of the United States.”
“Birthright Citizenship was not meant for people taking vacations to become permanent Citizens of the United States of America, and bringing their families with them, all the time laughing at the ‘SUCKERS’ that we are!” he added.
Trump and his legal team aren’t asking the Supreme Court to rule on whether or not birthright citizenship is constitutional. They are arguing that lower court judges shouldn’t be able to block executive orders. If the Supreme Court rules in favor of his executive order, this means citizenship rules state by state.
Where does the U.S. Supreme Court stand on the case?
Liberal justices are arguing in favor of striking down Trump’s executive order. On the other hand, conservative justices appear to support his claim and are saying that class-action lawsuits could replace a nationwide ruling.
“The ones who can’t afford to go to court, they’re the ones who are going to lose,” Justice Elena Kagan said, according to The Guardian.
“The real concern, I think, is that your argument seems to turn our justice system, in my view at least, into a ‘catch-me-if-you- can’ kind of regime,” Justice Ketanji Brown-Jackson added.
This would mean that “everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights,” Brown-Jackson said. “I don’t understand how that is remotely consistent with the rule of law.”
If the U.S. Supreme Court rules to enforce Trump’s executive order, birthright citizenship may vary depending on the state
It “would require citizenship to vary based on the state in which you’re born, or even turn on or off when someone crosses state lines,” New Jersey solicitor general Jeremy Feigenbaum said, per The Guardian
It would create “serious and unanswerable questions” for federal and state authorities. “Since the 14th amendment, our country has never allowed American citizenship to vary based on the state in which someone resides,” he added.
