WASHINGTON — The U.S. Supreme Court Tuesday struck down President Donald Trump’s attempt to redefine the constitutional right to birthright citizenship.
In the 6-3 decision, a majority of the justices upheld the country’s long understanding of automatic citizenship by birth on American soil, regardless of the immigration status of a newborn’s parents. The opinion, written by Chief Justice John G. Roberts, Jr., found the president’s executive order violated the 14th Amendment of the U.S. Constitution.
“Arguments for limiting birthright citizenship to those domiciled in the United States fail,” Roberts wrote. “Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause. Under the Constitution, they are citizens at birth.”
The White House did not immediately respond to States Newsroom’s request for comment, but a day before the decision, Trump said in the Oval Office that he would accept the Supreme Court’s ruling.
“It’s up to them, but in terms of for the good of the country, it’d be great if they … didn’t allow it,” Trump, who in a highly unusual move for a president attended the oral arguments on the case, said of birthright citizenship.
It’s a major blow to Trump, who has sought to redefine who is American as part of his broader immigration agenda.
But it also follows two decisions from the high court that vastly expanded the president’s authority over immigration policy by allowing him to limit asylum seeker claims at the Southern border and strip legal protections for 350,000 Haitians and 6,000 Syrians.
Tuesday’s decision is based on one of the first executive orders that the president signed on the first day of his second term. It aimed to deny citizenship to children born to parents who either do not have legal status, or hold temporary legal visas.
Experts warned if the order were to take effect, it could create an entire class of stateless people and cause chaos for hospitals and local governments.
