The Supreme Court declared on Thursday that it will review the Trump administration’s appeal to enforce its disputed birthright citizenship limitations during ongoing legal challenges.
The justices did not grant the administration’s request to suspend lower court orders immediately but arranged oral arguments for May 15 to address the issue.
The Trump administration lodged a forceful rebuke against district court judges’ ability to issue nationwide injunctions in its petition to the Supreme Court. The administration maintained that district court judges should not possess the unilateral power to prevent executive branch policies from taking effect nationwide.
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The administration contended that permitting unelected judges to stop national policies results in harmful government branch conflicts and exhibits an aggressive judicial intrusion on presidential constitutional powers.
The first executive order President Trump signed in office was titled “Protecting the Meaning and Value of American Citizenship”. The executive order aims to change the traditional understanding of the 14th Amendment’s citizenship clause by blocking automatic citizenship for children born in the United States to undocumented immigrants or temporary visa holders.
The executive order is facing legal challenges from multiple states. The administration’s April 4 filing states the government has not shown any negative outcomes that would arise from following the traditional interpretation of the citizenship law.
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The states argued that the proposed administrative rule would generate an impractical scenario where newborn citizenship hinges on their parents’ legal status and geographic location during this legal process.
The states wrote that the government maintains the citizenship status of newborns during this litigation should depend on their parents being named plaintiffs in these cases or their membership in plaintiff organizations and potentially their residence in one of the Plaintiff States. This method will cause tens of thousands of newborn infants who are U.S.-born to become undocumented and face removal or detention while many will remain stateless despite their innocence.
The United States Supreme Court has taken this major issue to oral arguments which could lead to a landmark decision affecting the definition of birthright citizenship throughout the country. Legal experts and the general public from all over the country will monitor the May 15 oral arguments before the court makes its decision.
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