The White House has made a bold legal push at the Supreme Court level to adjust the parameters of birthright citizenship in the United States.
Breitbart reported that this move is aimed at stopping the practice of granting automatic citizenship to children born in the U.S. to undocumented immigrants.
On January 20, President Donald Trump signed an executive order titled “Protecting The Meaning And Value Of American Citizenship.”
This directive argues that the Fourteenth Amendment's provision of birthright citizenship does not necessarily extend to everyone born on U.S. soil and cites existing legal frameworks like 8 U.S.C. 1401, which outline specific exclusions.
Federal courts in Massachusetts, Maryland, and Washington quickly responded to the executive order by placing temporary restraining orders on its enforcement. These decisions halted the nationwide application of the order, leading to a significant legal standoff.
Reacting to the opposition from lower courts, the Trump administration lodged an emergency application with the Supreme Court.
They requested that the court limit these restraining orders so that they apply only to individuals directly affected by the cases under consideration by these courts.
According to the acting solicitor general, Sarah M. Harris, this application is a "modest" attempt to restrict the scope of the injunctions to "parties actually within the courts' power." The administration argues that such a limitation would be a fairer way to implement court decisions.
The New York Times commented on this development, highlighting how the emergency applications are part of a broader strategy to challenge nationwide injunctions.
These injunctions have often been used to block policies across the entire country rather than just affecting the parties involved in the lawsuit.
The executive order issued by Trump provides a historical analysis, claiming that the Fourteenth Amendment was never intended to grant citizenship to every person born on U.S. soil. Instead, it suggests that there have been historical precedents and legislative measures specifying exceptions.
An Emerson College poll reflects a divided public opinion on the matter of birthright citizenship. The data indicate that American voters are split, with some favoring the end of birthright citizenship for children of undocumented immigrants while others oppose any changes to the current interpretation.
In light of the controversy, Senator Jacky Rosen from Nevada has voiced support for maintaining the current birthright citizenship policy, aligning with those who favor a broader interpretation of the Fourteenth Amendment.
The emergency application by the Trump administration sets the stage for a significant Supreme Court decision.
If the court grants the administration's request, it could reshape the enforcement landscape of federal injunctions, restricting their reach to only those directly involved in the cases.
This would not only impact the way executive orders are challenged in court but also potentially limit the power of lower courts to impose nationwide restrictions on such orders.
The decision could have profound implications for how laws and amendments are interpreted and enforced in the future.