Supreme Court to determine if Trump has the power to limit birthright citizenship

The Supreme Court has agreed to review whether President Trumps attempt to limit birthright citizenship aligns with the Constitution, adding another significant issue to the justices docket. The executive order, signed on his first day back in office, seeks to prevent children born in the U.S. from receiving citizenship if neither parent has permanent legal status.

Nearly a year into the administration, the order has not been implemented. It has faced multiple legal challenges, with every court so far ruling it violates the 14th Amendment, which guarantees birthright citizenship.

In an unsigned directive issued Friday, the Supreme Court announced it would consider a case filed by the American Civil Liberties Union and other organizations. The case will be heard during the current term, with a ruling expected by summer. The Trump administration requested the review after lower courts blocked the executive order nationwide, arguing that those rulings undermine border security and grant citizenship improperly to hundreds of thousands of people.

The order challenges the traditional interpretation of the 14th Amendments Citizenship Clause, which states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. Federal courts have historically allowed only limited exceptions, including Native Americans and children of foreign diplomats.

The justices will also assess whether the restrictions conform to federal law codifying the established understanding of the Citizenship Clause. Previously, the Supreme Court addressed the case when federal judges blocked the order nationwide. Although the high court narrowed the scope of nationwide injunctions with a 6-3 vote, it did not rule on the constitutionality of Trumps order, leaving room for further legal challenges.

In July, a New Hampshire federal judge provisionally certified a class of affected children and barred enforcement of the order against them. The case was initiated by the ACLU, the NAACP Legal Defense & Educational Fund, Democracy Defenders Fund, and the Asian Law Caucus. These groups opposed Supreme Court intervention, emphasizing that no president can alter the 14th Amendments guarantee of citizenship.

ACLU National Legal Director Cecillia Wang stated, For over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth. Federal courts have consistently ruled that President Trumps executive order contradicts the Constitution, longstanding Supreme Court precedent, and federal law. We are eager to resolve this issue definitively in the Supreme Court this term.

Author: Harper Simmons