Supreme Court Reviews Trump’s Birthright Citizenship Order
This month, the Supreme Court took on a significant case involving President Donald Trump’s executive order aimed at ending birthright citizenship. This move has sparked intense debate and attention across the nation.
The case primarily addresses the authority of lower courts to issue nationwide injunctions. However, justices also reviewed the substance of Trump’s order, titled “Protecting the Meaning and Value of American Citizenship,” which he signed at the start of his second term in office.
Set to take effect on February 20, the order mandates that U.S. agencies halt the issuance of citizenship documents for children born to illegal immigrants or to parents who are in the country on temporary visas, provided the father is neither a permanent resident nor a U.S. citizen.
While the Supreme Court emphasized the issue of nationwide injunctions during the discussions, many continue to express serious concerns about the implications of this move to overturn over a century of established legal precedent regarding citizenship.
Among the parties challenging this order is the American Civil Liberties Union (ACLU), which brought forth the case of a couple from Indonesia living in New Hampshire. They arrived in 2023, applied for asylum, and are now expecting a child. ACLU lawyers argue that under this order, their newborn would be regarded as an undocumented noncitizen, potentially jeopardizing access to essential health care and resources.
The broader implications are troubling, as these children would likely face challenges in obtaining identification, finding jobs, and participating in civic duties like voting or serving on juries.
Despite Trump’s vocal advocacy for ending birthright citizenship during his first term and on the campaign trail, the order has generated considerable backlash, leading to multiple lawsuits from Democrat-led states and immigrant rights groups.
One lawsuit, supported by 18 Democratic attorneys general, warns that this order would strip U.S. citizenship from hundreds of thousands of children due to circumstances beyond their control. Statistically, around 150,000 children are born each year in the U.S. to noncitizen parents. Experts predict that implementing this order could have disastrous effects on these families and the future of American citizenship.
New Jersey Attorney General Matthew Platkin stated that President Trump’s attempt to unilaterally end birthright citizenship violates the Constitution. Platkin, among others, emphasized the longstanding principle that babies born in this country are U.S. citizens.
More than 22 states and numerous immigrant rights groups have taken legal action against the Trump administration’s efforts to modify birthright citizenship, arguing that the executive order is both unconstitutional and unprecedented. So far, no court has upheld Trump’s executive order.
As the case proceeds, it brings into sharp focus the ongoing debate surrounding immigration policies and the interpretation of constitutional rights in America.
