Supreme Court to hear challenge to Trump order restricting birthright citizenship as debate over the policy’s politics resurfaces
The Facts
- The U.S. Supreme Court is scheduled to hear arguments on April 1 in a case over President Donald Trump’s effort to restrict birthright citizenship.
- Trump’s executive order seeks to deny automatic citizenship to some children born in the United States to parents who are in the country illegally or temporarily.
- Lower federal courts blocked Trump’s birthright citizenship order from taking effect while the litigation proceeds.
- The legal dispute centers on the 14th Amendment’s Citizenship Clause, which says that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens.
- A New York Times review found that Democrats were divided over birthright citizenship in the 1990s, and some proposed ending it for children of undocumented immigrants.
- Harry Reid introduced legislation in 1993 to end birthright citizenship for children of undocumented immigrants and later repudiated that bill, calling it a major mistake.
Context
What is the Supreme Court being asked to decide?
The justices are considering whether President Trump can limit birthright citizenship through an executive order and whether that policy is consistent with the 14th Amendment’s Citizenship Clause Fox News,USA Today,USA Today,La Nacion.
What would Trump’s order do if it took effect?
The order would stop automatic U.S. citizenship for certain children born on U.S. soil to parents who are undocumented or in the country temporarily, changing the current understanding of birthright citizenship HuffPost,U.S. News & World R…,Daily Mail,USA Today.
Why does the New York Times say this issue was not always a partisan constant?
The Times reports that in the 1990s some Democrats supported restricting birthright citizenship; it highlights Harry Reid’s 1993 bill to end it for children of undocumented immigrants and his later reversal, when he called that proposal the biggest mistake of his career NYT.
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