The U.S. Supreme Court on Friday announced that it will hear arguments in a landmark case that will determine whether President Donald Trump has the authority to end automatic citizenship for children born in the United States.
On his first day back in office on January 20, Trump signed an executive order stating that babies born in the U.S. more than 30 days after the order would not be eligible for citizenship documents if their parents were temporary visitors or undocumented immigrants.
Before this order, there was little debate that the 14th Amendment to the U.S. Constitution guaranteed citizenship to nearly all children born on American soil, regardless of their parents’ immigration status.
The Citizenship Clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The Supreme Court, expected to issue a ruling next year, will now decide whether Trump’s order is consistent with that constitutional provision.
Trump’s directive instructed federal agencies to deny recognition of U.S. citizenship in two situations:
– When the mother was unlawfully present in the country and the father was not a U.S. citizen or lawful permanent resident at the time of birth;
– When the mother’s presence was lawful but temporary, and the father lacked U.S. citizenship or lawful permanent resident status.
Multiple federal district courts ruled that the executive order violated the Constitution, and two federal appeals courts upheld injunctions preventing it from being enforced.
The Supreme Court’s decision will have sweeping implications for immigration policy, constitutional interpretation, and millions of families across the country.