The US Supreme Court on Wednesday appeared poised to reject US President Donald Trump’s bid to end birthright citizenship in the US, following a hearing featuring the attendance of the president.
Trump left the hearing following the presentation by his solicitor general, John Sauer, and did not remain for the arguments of American Civil Liberties Union attorney Cecillia Wang, who was defending birthright citizenship.
“We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!” Trump said in a social media post after returning to the White House.
Photo: AP
Trump signed an executive order on the first day of his second term decreeing that children born to parents in the US illegally or on temporary visas would not automatically become US citizens.
Lower courts blocked the move, ruling that under the Citizenship Clause of the 14th amendment to the US constitution, nearly everyone born on US soil is a US citizen.
Sauer told the justices that “unrestricted birthright citizenship contradicts the practice of the overwhelming majority of modern nations” and “demeans the priceless and profound gift of American citizenship.”
“It operates as a powerful pull factor for illegal immigration and rewards illegal aliens who not only violate the immigration laws, but also jump in front of those who follow the rules,” he said.
It also encourages what Sauer called “birth tourism,” in which foreigners travel to the US solely to give birth.
Some of the justices appeared skeptical of the administration’s arguments.
Chief Justice John Roberts asked Sauer how common “birth tourism” is before pointing out that regardless of the numbers, it would have “no impact on the legal analysis” of the case.
“We’re in a new world now,” the solicitor general said, “where 8 billion people are one plane ride away from having a child who’s a US citizen.”
“Well, it’s a new world. It’s the same constitution,” Roberts replied.
The 14th amendment states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
It does not apply to those not subject to US jurisdiction — the children of foreign diplomats, for example — and Roberts said the government appeared to be seeking to expand the exceptions “to a whole class of illegal aliens.”
Justice Brett Kavanaugh asked Sauer why he was citing the birthright policies of other nations.
“We try to interpret American law with American precedent based on American history,” Kavanaugh said. “Why should we be thinking about ... other countries? I’m not seeing the relevance as a legal, constitutional interpretive matter.”
Justice Neil Gorsuch said that when the 14th amendment was passed in 1868, there was no such thing as “illegal” immigration.
“If somebody showed up here in 1868 and established domicile, that was perfectly fine,” Gorsuch said. “And so why wouldn’t we ... come to the conclusion that the fact that someone might be illegal is immaterial?”
Wang told the justices that a rejection of birthright citizenship would call into question “the citizenship of millions of Americans past, present and future.”
“Ask any American what our citizenship rule is, and they’ll tell you, everyone born here is a citizen alike,” Wang said. “That rule was enshrined in the 14th amendment to put it out of the reach of any government official to destroy.”
A decision in the case is expected by late June or early July.
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