Supreme Court To Hear Arguments Wednesday Over Trump’s Birthright Citizenship Case

The Supreme Court will hear arguments on Wednesday in Trump v. Barbara, over the constitutionality of President Trump’s executive order that limits birthright citizenship.Mr. Trump signed the “Protecting the Meaning and Value of American Citizenship” executive order on his first day back in the White House as part of his sweeping agenda to crack down on illegal immigration. The order seeks to deny American citizenship to children born in America if the parents are in the country illegally or are visitors on short-term visas.Multiple lower courts have blocked the policy from being implemented. The Trump administration argues the lower courts are misrepresenting the Citizenship Clause of the Fourteenth Amendment.Solicitor General D. John Sauer states that the clause was adopted only to confer citizenship on newly freed slaves and their young children after the Civil War. Mr. Sauer claims the executive order restores the original meaning of the clause.The government’s case claims, “The plain text of the Clause, its original understanding and history, and this Court’s cases confirm that the Clause extends to children who are “completely subject” to the “political jurisdiction” of the United States, meaning that they owe “direct and immediate allegiance” to the Nation and may claim its protection.”A group of 18 Republican members on the House Judiciary Committee filed a brief in support of the administration’s case, claiming “The historical record confirms that the Fourteenth Amendment does not confer citizenship on the children of aliens unlawfully present in the United States.”Several Republican lawmakers also have raised concerns over Communist China using so-called birth tourism to gain American citizenship for their children.Representatives Chip Roy and Tom Tiffany sent a letter to then-Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio, and Interior Secretary Doug Burgum earlier this month seeking answers over whether China is exploiting birthright citizenship in the Northern Mariana Islands — an American territory in the Pacific — to secure long-term influence inside the United States. More than two dozen House Republicans co-signed the letter.The letter claims that up to 1.5 million Chinese nationals have obtained citizenship through a program implemented in the Obama administration allowing some Chinese nationals to enter the territory without a visa for short stays.A group of Democratic-run states that sued the administration over the new policy claim in a filing with the Supreme Court that the Citizenship Clause is broad by design.“No defensible theory of constitutional or statutory interpretation supports Petitioners in this case,” they wrote in response to the administration’s case. Legal precedent has largely affirmed birthright citizenship as a constitutional right since the 1898 Supreme Court case United States v. Wong Kim Ark, which granted citizenship to the American-born son of Chinese immigrants. A 6-2 court held that because the child’s parents were not “employed in any diplomatic or official capacity under the Emperor of China,” they were subject to America’s “jurisdiction” — and, therefore, their child was a citizen.Federal judges who have recently considered the issue have largely rejected the administration’s argument, citing the long-held broad legal consensus.If the Supreme Court justices decide that birthright citizenship does not extend to everyone born on American territory, it may then require an act of Congress and not merely executive action to define the rules. A decision by the Nine could come in late June or early July, at the traditional end of the court session.

Supreme Court To Hear Arguments Wednesday Over Trump’s Birthright Citizenship Case

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