Trump birthright citizenship case reaches Supreme Court, raising major questions about presidential authority and constitutional protections. On Thursday, the court will hear arguments that could reshape the reach of executive power.
Donald Trump signed an executive order in January aimed at ending birthright citizenship. The order declared that children born in the US to undocumented immigrants are not automatically citizens.
Soon after, three federal judges blocked the order from taking effect. Their rulings triggered a major legal showdown over the power of lower courts to issue nationwide injunctions.
Trump argues that these courts overstepped their bounds. His legal team claims such injunctions wrongly prevent presidents from fulfilling their policy agendas.
If the justices agree with Trump, future presidents could bypass Congress more easily. They could implement executive orders with fewer checks from the judiciary.
Many legal scholars, however, believe the Constitution protects birthright citizenship. The 14th Amendment guarantees citizenship to all persons born in the US. Trump’s team interprets “subject to the jurisdiction thereof” as excluding children of undocumented immigrants.
This legal theory has sparked fierce debate. Immigration advocates say ending birthright citizenship would leave many children in legal limbo. Some could become stateless, unable to claim citizenship from any country.
Alex Cuic, a legal expert from Case Western Reserve University, warns of dangerous consequences. He says these children could be stuck with no clear nation to accept them.
The Trump administration says the injunctions have become too common. It argues they now routinely undermine the executive branch.
In court filings, the Justice Department criticized universal injunctions as a threat to democracy. It said judges are blocking nationwide policies based on individual cases.
The case before the Supreme Court combines lawsuits from immigration groups and 22 states. The government wants any future injunctions limited to plaintiffs only.
Even if Trump wins this battle, more legal fights are likely. Constitutional protections may still block any final attempt to end birthright citizenship.
An eventual ruling could affect tens of thousands of children born in the US. One lawsuit warns it would create a second-class generation with no clear legal status.
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