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(SDGTALKING) — On Thursday, the U.S. Supreme Court heard arguments in a case challenging President Donald Trump’s executive order imposing restrictions on birthright citizenship. The justices examined the order’s legal basis, which has become controversial under the 14th Amendment to the Constitution, as well as the scope of the preliminary injunctions issued by lower courts.
Upon returning to office on January 20, Trump signed an executive order directing federal agencies not to recognize children born in the United States to parents who are not both U.S. citizens or legal permanent residents as citizens. This decision brought the constitutional interpretation of the scope of birthright citizenship into question.
The definition of citizenship is under debate
The 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The Trump administration argues that this provision does not apply to undocumented immigrants or individuals on temporary visas.
Among the plaintiffs are attorneys general from 22 states, immigrant rights organizations, and individual petitioners who argue that the order is unconstitutional and demand its repeal. If the decision takes effect, it is estimated that thousands of children born in the US each year could be deprived of their right to citizenship.
The court has requested additional information
Deputy Attorney General D. John Sauer criticized the lower courts’ “universal” preliminary injunction on behalf of the Trump administration and requested that this authority be limited. Sauer said that such decisions have become “extraordinarily broad in the judicial system.”
Some judges argued that the case should not be limited to procedural issues and that the underlying constitutional framework should also be addressed. It remains unclear whether the court will request additional briefings in the coming days.
