The court will consider whether President Trump's birthright citizenship executive order complies with the Fourteenth Amendment.
The case centers around whether the order complies with the Citizenship Clause of the Fourteenth Amendment and a decades-old law that has been widely understood to make everyone born in the country a citizen, with narrow exceptions for the children of foreign diplomats and invading armies.
Trump signed an executive order on the first day of his second term which established that children of temporary visitors and illegal immigrants are not U.S. citizens by birth.More than a quarter of a million babies born in the U.S. each year would be affected by the executive order, according to research by the Migration Policy Institute and Pennsylvania State University’s Population Research Institute.The case before the Supreme Court began with a legal challenge to Trump’s executive order on birthright citizenship filed by two babies and their parents and a pregnant woman who has since given birth, on behalf of nationwide class. A district court certified the class and entered a preliminary injunction for the class. The government appealed the decision and asked the Supreme Court to hear the case. Attorneys for the Trump administration argued in a petition for a writ of certiorari that the Citizenship Clause was adopted to grant citizenship to newly freed slaves and their children, but it does not extend to the children of temporary visitors or illegal immigrants. "Given its original meaning and history, the Clause does not extend citizenship to the children of transient visitors or illegal aliens," the attorneys wrote. Attorneys for the respondents said in a brief in opposition that"numerous federal statutes are built on the assumption that all persons born in the United States are citizens who do not need to obtain immigration status or naturalize." "Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES! We are the only Country in the World that dignifies this subject with even discussion," Trump said."Look at the dates of this long ago legislation - THE EXACT END OF THE CIVIL WAR! The World is getting rich selling citizenships to our Country, while at the same time laughing at how STUPID our U.S. Court System has become . ‘Dumb Judges and Justices will not a great Country make!’"Attorneys for the Trump administration, in a petition for a writ of certiorari: "The government has a compelling interest in ensuring that American citizenship—the privilege that allows us to choose our political leaders—is granted only to those who are lawfully entitled to it. The lower court’s decisions invalidated a policy of prime importance to the President and his Administration in a manner that undermines our border security.""The Order is squarely contrary to the constitutional text, this Court’s precedents, Congress’s dictates, longstanding Executive Branch practice, scholarly consensus, and well over a century of our nation’s everyday practice."View Editorial & AI Guidelines
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