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Politics16:58 · 2h ago

US Supreme Court Blocks Trump’s Order Limiting Birthright Citizenship

YnetCenter
Translated & summarized from Ynet by baba
The story · English

The US Supreme Court dealt a significant political setback to former President Donald Trump on Tuesday by invalidating his executive order aimed at drastically restricting birthright citizenship. The court upheld the century-old legal interpretation of the 14th Amendment, which guarantees citizenship to anyone born on US soil, regardless of their parents’ immigration status. The majority opinion was joined by three liberal justices and three conservative justices, including Chief Justice John Roberts and Amy Coney Barrett, both appointed by Trump. Another Trump appointee, Brett Kavanaugh, supported overturning the order but on statutory grounds rather than constitutional interpretation.

The 14th Amendment, ratified in 1868 after the Civil War, was originally intended to secure citizenship for freed slaves. It states that "all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens." Since an 1898 Supreme Court ruling, this has been interpreted to include children of immigrants, whether legal or undocumented, with few exceptions such as children of foreign diplomats. Trump did not challenge this interpretation during his first term but intensified efforts to restrict birthright citizenship upon his return to office last year, signing an order denying citizenship to children born in the US if either parent was not a citizen or permanent resident.

Trump justified the order by arguing that the phrase "subject to the jurisdiction thereof" excludes undocumented immigrants, claiming birthright citizenship encourages illegal immigration. Experts estimated the order would affect about 250,000 US-born babies annually and require millions of parents to prove their status. However, the Supreme Court majority ruled the order unconstitutional, with Roberts stating that the amendment’s framers clearly intended to grant citizenship to all born on US soil. He rejected the administration’s "dramatic revisionist" interpretation, noting Congress never signaled an intent to limit citizenship as Trump proposed.

While Kavanaugh agreed the order should be struck down, he based his opinion on federal law rather than the Constitution. The three other conservative justices dissented, warning the ruling incentivizes illegal immigration. Trump, who personally attended the Supreme Court hearing in April, the first president to do so, called the decision "bad for our country" but urged Congress to pass legislation restricting birthright citizenship. He also praised other recent Supreme Court rulings allowing bans on transgender women in female sports and striking down federal campaign finance restrictions, calling them major victories for Republicans and free speech.

This ruling comes amid a series of Supreme Court decisions supporting Trump’s immigration crackdown, including allowing the removal of protected status from certain immigrant groups and enabling expedited deportations. Despite these wins, the birthright citizenship decision marks a rare defeat for Trump in a court largely shaped by his appointees.

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