The U.S. Supreme Court has announced that it will review the constitutionality of the president’s executive order that removes jus soli rights for undocumented immigrants born on American soil. The decision to discuss the case is one of the most controversial steps Trump has taken in his second term.
A decision in favor of the government will have a serious social impact
The conservative-dominated Court accepted the government’s appeal, which seeks to overturn lower court rulings. They had ruled the order unconstitutional because it prohibits the federal administration from issuing passports and citizenship documents to children born in the U.S. when the mother is an illegal resident or temporarily in the country, and the father is not a U.S. citizen or green card holder.
The law of the land (jus soli) is protected by the 14th Amendment to the Constitution, which since 1868 has established that every person born in the US automatically acquires US citizenship. The amendment was enacted immediately after the Civil War and the abolition of slavery, with the goal of securing the civil rights of freed slaves.
There was a previous decision against the government on a related issue
The issue was also before the Supreme Court last summer, also after an appeal by the Trump administration. At the time, the justices limited the ability to issue nationwide blocks against executive branch decisions, but did not rule on the merits of the order.
Trump signed the controversial measure on January 20, shortly after his inauguration and return to the White House. He cited the need for tighter controls on immigration, and the order even covers children of parents who are temporarily in the country on legal visas — whether student, tourist or work.
