If you ask if federal judges have the authority to suspend the decree that affects children of undocumented immigrants nationally
The Supreme Court of the United States to analyze on Thursday (18.MAI.2025) arguments about the attempt of the president (Republican Party) to end automatic citizenship for children of undocumented immigrants born in US territory. The case questions whether federal judges of lower instances have the authority to block presidential decrees throughout the national territory.
On January 21, Trump a decree that determines that children of US-born immigrants are no longer considered US citizens. Three federal judges in Maryland, Massachusetts and Washington DC suspended the measure with national injunctions.
The White House argues that lower courts exceed their powers by issuing judicial blocks that prevent the implementation of presidential decrees across the country. The Trump government has asked the Supreme Court to decide that injunctions can only be applied to specific immigrants appointed in the demanding processes or states.
The text of the decree cites the 14th amendment of the United States Constitution, which describes that “All people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the state in which they reside”explaining that this amendment served to end the exclusion of the granting of citizenship to people of African descent only by ethnicity. Trump, however, describes that the 14th amendment should not be used to “Extend citizenship universally to all born in the United States.”
This Thursday (15.MAI), Trump on his profile on the social Truth that “today [terá] A great case in the Supreme Court. ” He again criticized citizenship by birth in the country, stating that the 14th amendment was not created to benefit illegal immigrants or tourists to obtain citizenship for their children. According to him, the amendment was made exclusively to ensure rights to the children of enslaved after the civil war (1861–1865), and should not be applied to modern cases of immigration.
Trump also said that the US is the only ones to allow this and called the country “idiot” for maintaining this policy, claiming that it is explored by drug cartels and immigrants that “Fool” the system. He asks the Supreme Court to reinterpret the amendment in the light of its original historical context.
The president has no power to end citizenship by birth, because this right is guaranteed by the 14th amendment. Therefore, even with a possible victory in the current case, Trump may still face other legal challenges.
