The Trump administration requested the Supreme Court allow a ban on President Donald Trump’s executive order ending birthright citizenship for the children of illegal aliens to be partially lifted.
In a court filing, Sarah M. Harris, the acting solicitor general, wrote that the Trump administration’s request was a “modest” one to “limit the pause to ‘parties actually within the courts’ power,’” according to the New York Times.
The court request from the Trump administration comes after “three federal courts, in Massachusetts, Maryland and Washington State, had issued directives temporarily pausing” Trump’s executive order, according to the outlet.
On January 20, Trump signed an executive order entitled, “Protecting The Meaning And Value Of American Citizenship.”
The executive order states that “the privilege of United States citizenship is a priceless and profound gift,” while also adding that the “Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”
Section 1. Purpose. The privilege of United States citizenship is a priceless and profound gift. The Fourteenth Amendment states; “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.” That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.
But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.
The New York Times reported that the “emergency applications” from the Trump administration are “aimed at pushing back on nationwide injunctions, judicial orders that can block a policy or action from being enforced throughout the entire country, rather than just on those parties involved in the litigation.”
The Trump administration’s emergency applications are aimed at pushing back on nationwide injunctions, judicial orders that can block a policy or action from being enforced throughout the entire country, rather than just on those parties involved in the litigation. The tool has been used by both Democratic and Republican administrations, and a debate over such injunctions has simmered for years.
While Democrats such as Sen. Jacky Rosen (D-NV) have spoken out in favor of birthright citizenship, a poll from Emerson College found that 29.8 percent of registered voters “strongly support” changing birthright citizenship so that the children of illegal migrants born in the U.S. “are not automatically granted citizenship,” while 27.5 percent of registered voters “strongly” opposed changing birthright citizenship.
The poll also found that 14.8 percent of registered voters “somewhat support” changing birthright citizenship, while 9.1 percent of registered voters “somewhat oppose” changing it.
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