In an important development, the Supreme Court of the United States has deemed to entertain oral discussions regarding President Donald Trump’s proposal to modify birthright citizenship criteria. The schedule for this pivotal conversation has been settled for the 15th of May. The President’s executive order, if implemented, would lead to a monumental shift but it has been temporarily halted by nationwide injunctions in the midst of the ongoing legal battles.
President Trump is known for his interpretative vision. In his opinion, the 14th Amendment, which enables automatic citizenship for those born on American soil, was ratified immediately post the Civil War, suggesting to him it’s predominantly about overcoming the vestiges of slavery. Approaching the dispute in this light can only strengthen the administration’s argument.
The executive order at the center of the discussions was issued by President Trump on January 20. The order speaks to expand and reinstate his earlier measures to cease automatic citizenship for children born in the United States to illegal immigrants or temporary foreign residents.
The implementation of this order, however, has been momentarily suspended by three district courts due to some legal questions raised regarding the order’s constitutionality. The Trump administration has vocalized its desire for these nationwide injunctions to be rescinded, a request that has been responded to by the justices with an alternative approach.
Instead of lifting the nationwide injunctions, the justices have opted for a more systematic route, deciding that the implications of this policy deserve a more formal review and legal argumentation. This exemplifies the tremendous significance the Court places on ensuring all policy changes are constitutionally sound.
The concept of birthright citizenship gets to the core of the American identity — it proclaims that any person born on US soil, irrespective of their parents’ immigration status, is immediately a legal citizen of the United States. This principle is a constituent part of the 14th Amendment.
This agelong concept was validated by the Supreme Court in the verdict of United States v. Wong Kim Ark in 1898. The case affirmed that any person, regardless of whether their parents were foreign nationals, can claim U.S. citizenship if they are born on U.S. territory.
Implementing this revision of birthright citizenship has been a strategic facet of President Trump’s platform. In his view, this change can help ensure that citizenship and its benefits are not misused. In his own words, ‘We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States … with all of those benefits.’
The President considers this policy outdated, dubbing it ‘ridiculous,’ and insists it is time for a change. Taking corrective measures against this will prove beneficial not just for the American resources but also for structuring the fabric of nationalism.
Contrary to popular belief, unrestricted birthright citizenship is not a policy unique to America. Numerous nations around the globe have varying degrees of birthright citizenship policies, including our North American neighbors, Canada and Mexico, as well as South American countries like Brazil and Argentina.
A previous set of guidelines, issued under the Trump administration, addressed concerns surrounding ‘birth tourism.’ In this guideline, the administration made it clear that visas could be denied to people suspected of planning to give birth in America solely for the purpose of securing U.S. citizenship for their child.
President Donald Trump views birthright citizenship as an inadvertent reward system that promotes illegal immigration. ‘Going forward, the future children of illegal aliens will not receive automatic U.S. citizenship. It’s things like this that bring millions of people to our country, and they enter our country illegally,’ he once remarked. This perspective encapsulates the president’s goal of curbing unlawful entry into the United States.
President Trump has been determined to challenge birthright citizenship from the very first day of his administration and has continued to voice robust condemnation of the current practice. He passionately argues that it was originally designed ‘for the children of slaves’ and not ‘for the whole world to come in and pile into the United States of America.’
With oral arguments scheduled for May 15, the U.S Supreme Court has implicitly recognized the gravity of this issue. The executive order, however, continues to be grounded by rulings from the lower courts pending the ultimate decision from the Supreme Court.
In the weeks leading up to the oral arguments, expect this topic to take center stage – it’s an issue that gets to the heart of how the United States defines itself and its citizens, and has potential implications that could be far-reaching and enduring.