CNN: Trump Asks Supreme Court to Reinstate Order Ending Birthright Citizenship

By Staff, Agencies

The administration of US President Donald Trump has petitioned the Supreme Court to uphold his executive order terminating birthright citizenship for children born in the United States to parents who entered the country illegally, CNN reported Friday.

The controversial order — signed on January 20, Trump’s first day back in office — instructs federal agencies to deny citizenship to any child born on US soil unless at least one parent is a US citizen or lawful permanent resident. Multiple federal courts have blocked the order, ruling it unconstitutional under the 14th Amendment.

In the administration’s appeal, Solicitor General D. John Sauer argued that decades of judicial interpretation of the 14th Amendment were “mistaken” and had caused “destructive consequences.” He said the lower court decisions “undermined border security” by striking down “a policy of prime importance to the president.”

The administration is challenging rulings from both the Ninth Circuit Court of Appeals in San Francisco and a district court in New Hampshire, which blocked enforcement of the measure in July. One suit was filed by a coalition of Democratic-led states, warning that the policy could jeopardize billions in federal funding tied to citizenship status. Another was brought by the American Civil Liberties Union [ACLU], which won a nationwide injunction against the policy.

“This executive order is illegal, full stop,” said ACLU attorney Cody Wofsy. “No amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order”.

The Trump administration argues that the 1898 Supreme Court precedent in United States v. Wong Kim Ark — which affirmed birthright citizenship for the children of immigrants — has been misapplied for decades. Sauer claimed the ruling only applied to children of parents with “permanent domicile and residence” in the United States, not to those present unlawfully or temporarily.

The Supreme Court has not yet decided whether it will take up the case. In June, the justices narrowed the authority of lower courts to block presidential policies but left open the possibility of nationwide injunctions under certain conditions.