Trump Administration Seeks Partial Lifting of Ban on Birthright Citizenship Executive Order
The Trump administration recently approached the Supreme Court with a request to allow the partial lifting of a ban on President Donald Trump’s executive order, which aimed to end the practice of granting birthright citizenship to the children of illegal aliens. In a court filing submitted by Sarah M. Harris, the acting solicitor general, the administration emphasized the need for a "modest" adjustment that would limit the suspension to "parties actually within the courts’ power." This request comes after three federal courts in Massachusetts, Maryland, and Washington State issued temporary injunctions against the order, effectively pausing its implementation nationwide.
Background of the Executive Order
On January 20, President Trump signed an executive order entitled "Protecting The Meaning And Value Of American Citizenship." The order asserts that U.S. citizenship is a "priceless and profound gift," while also challenging the long-standing interpretation of the Fourteenth Amendment to the Constitution. The amendment, enacted after the Civil War, states that "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." The Trump administration argues that this amendment was never intended to grant citizenship universally to everyone born within the U.S., particularly excluding those not "subject to the jurisdiction thereof," such as the children of illegal aliens.
Legal and Historical Context
The executive order paints a historical picture by referencing the Dred Scott v. Sandford decision, which notoriously denied citizenship to African Americans, and lauds the Fourteenth Amendment for repudiating this injustice. However, the Trump administration further claims that the amendment has consistently excluded certain groups from automatic citizenship. Federal law, mirrored in 8 U.S.C. 1401, specifies that only individuals born in the U.S. and "subject to the jurisdiction thereof" are considered citizens at birth. The administration argues that this clause does not apply to the children of illegal immigrants, and thus, they should not automatically receive citizenship.
Nationwide Injunctions and the Trump Administration’s Strategy
The administration’s emergency applications target nationwide injunctions, which are broad judicial orders that can block a policy from being enforced across the entire country, not just in specific cases. This tool has been utilized by both Democratic and Republican administrations, but it has become a focal point of debate in recent years. The Trump administration’s move is seen as an attempt to curtail the expansive use of such injunctions, which they believe hinder the enforcement of their policies.
Public Opinion on Birthright Citizenship
The debate over birthright citizenship extends beyond the legal realm, with significant public and political ramifications. While Democratic lawmakers, such as Senator Jacky Rosen of Nevada, have expressed strong support for maintaining birthright citizenship, public opinion appears more divided. A recent poll conducted by Emerson College found that 29.8% of registered voters "strongly support" altering the law to deny citizenship to the children of illegal immigrants, while 27.5% "strongly oppose" such a change. Additionally, 14.8% of voters expressed "somewhat support," and 9.1% indicated "somewhat oppose" to the proposed modification. This indicates that while there is a notable divide, a significant portion of the electorate holds nuanced views on the issue.
Conclusion and Future Implications
The Trump administration’s request to the Supreme Court reflects a broader strategy to challenge the legal interpretation of birthright citizenship and the use of nationwide injunctions. As the legal battle unfolds, the political and societal implications of revising such a fundamental aspect of American citizenship remain hotly contested. The outcome of this case could have profound effects on immigration policy, the role of the judiciary, and the interpretation of the Fourteenth Amendment. With public opinion split and significant legal hurdles ahead, the debate over birthright citizenship is poised to remain a contentious issue in American politics for the foreseeable future.