President Trump's executive actions, including plans to end birthright citizenship and invoke the Alien Enemies Act, are likely to be challenged in court. Legal experts predict that these policies could be struck down by the Supreme Court, particularly if they rely on new or untested legal theories.
Policies like seeking to end birthright citizenship and refusing to spend money allocated by Congress could end up at the Supreme Court .President Donald Trump's plan to roll back the constitutionally protected right to birthright citizenship is just one of several contentious executive actions that are likely to face pushback from judges and could be struck down by the Supreme Court .
It is where Trump administration officials intend to invoke new or previously untested theories that they are most likely to lose, even with a Supreme Court that has a 6-3 conservative majority with three Trump appointees. The consensus on its meaning over the years has not stopped some anti-immigration advocates from pressing an alternative interpretation., focusing on language in the amendment saying birthright citizenship accrues to those who are"subject to the jurisdiction" of the United States.
The Supreme Court has never directly ruled on the issue, but in an 1898 case, called United States v. Wong Kim Ark, the court ruled that a man born in San Francisco to parents who were both from China was a U.S. citizen. The order directs officials to"make operational preparations" in case Trump decides to invoke the law, which enables the president to detain or deport citizens of other countries when the United States is at war. It played a role in the internment of Japanese Americans during World War II.
BIRTHRIGHT CITIZENSHIP SUPREME COURT TRUMP ADMINISTRATION IMMIGRATION ALIEN ENEMIES ACT
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