Supreme Court Upholds Trump's Birthright Citizenship Order

The Supreme Court lifted injunctions blocking Trump's birthright citizenship order.

“On April 1, the US Supreme Court will consider whether a clause in a Civil War amendment guarantees citizenship to children born in the US but whose immigrant parents entered or remained in this country without legal permission”

Bloomberg Tax

The order was originally signed on Trump's first day of his second term.

Bloomberg Tax

The decision is procedural and leaves broad constitutional questions unresolved.

The 14th Amendment states all persons born in the U.S. and subject to its jurisdiction are citizens.

The Trump administration argues that jurisdiction excludes children of illegal or temporary residents.

CNN

They cite the 1884 Elk v. Wilkins case as precedent.

Justice Kavanaugh questioned how birth certificates would adapt.

“Justice Brett Kavanaugh sounded like a fired-up prosecutor last year as he shot off a withering series of nuts-and-bolts questions about how President Donald Trump would carry out his plan to rewrite of the way birthright citizenship has been understood in the United States for more than a century”

CNN

Practical questions remain largely unanswered.

There are concerns about administrative chaos.

The order could affect legal visa holders and green-card applicants.

It would place the burden on parents to prove their status.

CNN International

This is a radical departure from past practice.