Specifically, with a conservative majority of 6 to 3, The Supreme Court limited the power of federal judges to block the president’s decisions.
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Trump celebrated The failure: “Great victory in the United States Supreme Court! Even citizenship fraud by birth has been indirectly, hard, ”wrote the president in his social truth network.
However, the ruling leaves many questions about the future of the citizenship by birth.
The president of the United States, Donald Trump, answers a question during the press conference at the White House in Washington, DC. (EFE/SHAWN THEW).
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What is citizens by birth?
The 14 amendment of the United States Constitution states that “all persons 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.”
However, the order signed by Trump ensures that the original text of the amendment 14, in particular what it means to be A person “subject to their jurisdiction”, has been misunderstood by the Cortes since it was ratified in 1868. The President It seeks to reinterpret what it means to “be subject to the jurisdiction” of the United States.
Trump’s order imposes that citizens be granted by birth in two cases: Firstwhen the child was born at a time when the mother is undocumented in USA And the father is neither permanent or citizen resident. Secondwhen the child is born while The mother has a legal but temporary status And the father is neither citizen nor permanent resident in the United States.
According to the US union for civil liberties (ACLU), the Amendment 14 of the Constitution It was ratified to rectify one of the most infamous resolutions of the Supreme Court in the history of the US, the judicial resolution “Dred Scott Vs. Sandford” of 1857, in which the Court said that no individual of African offspring, including slaves and free people, could never become a citizen of the United States.
What specifically change with this failure?
In its appeal, the Department of Justice of Trump He did not ask the Supreme Court to examine the constitutionality of the order.
The immigration specialized lawyer Ysabel Lonazco, Lonazco Law, he told Commerce That the legal question in the government’s claim was whether federal judges had the power to stop the application of the orders of the Executive Power (the President) throughout the country.
He added that “The division of powers consists of that; if the Executive Power exceeds its power, the Judiciary could stop that excess to maintain the legal order. In conclusion, the question before the Supreme Court was of legal procedure, but not the merit of the case, that is, the constitutionality of the Executive Order was not resolved”.
The lawyer Lonazco He listed what changes with the ruling:
- Federal judges cannot give an order arresting executive orders nationwide. The orders that judges dictate regarding executive decreeseithers will only have an effect on the jurisdiction in which the demand was made.
- Now, Trump’s order will remain blocked in the three jurisdictions where the demands were filed: Washington, New Jersey and Maryland. And in the states that folded them: California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Michigan, Minnesota, Nevada, Nuevo Mexico, New York, North Carolina, Rhode Island, Vermont, Wisconsin, Illinois, Wisconsin, Oregon and Columbia district.
- In the other states, Trump’s order will enter into force 30 days after the ruling, next July 27.
What will happen to babies who are born of undocumented parents?
Lonazco said that “If you and your husband are undocumented and live in one of the states where there is a demand by questioning the constitutionality of the Birth Citizenship Lawhis son will be American citizen by birth. ”
“If you and your husband are undocumented and live in one of the states where there is no demand by questioning the constitutionality of the Citizenship Law by birth, your child will not be a US citizen by birth after July 27,”he added.
In the second case, said the lawyer, so that the newborn has American nationality A claim would have to be submitted before the Federal Court of the State district where the executive order was not applied.
The same logic mentioned above is applied when parents have an international student visa, tourist, work, etc.
Is it possible to deport babies born from undocumented parents?
“The big question would be if these children who have no citizenship, under what law they are covered to avoid deportation,” The lawyer argued. He added that this will have to be answered by a judicial forum.
“The right of immigration executes deportations against anyone who violated the immigration law. For example, if you entered without documentation, without visa, you are subject to a deportation process. Remember that all persons in the United States, regardless of immigration status, have constitutional rights that protect them”he added.
How many babies could the order affect? CNN cited a government statistics that indicates that between 2013 and 2024, an average of 860,000 babies were born every year of mothers born abroad.
What follows now?
The Supreme Court It gave a period of 30 days before the executive order enters into force in the states where there are no challenges.
In addition, the Supreme Court opened other legal routes for those who try to challenge an executive order such as the measure on the Citizenship by birth right. One of them, they suggested, could be a Collective demandin which a group of plaintiffs are certified to represent a wide class of people who are affected in a similar way and have legitimation to jointly demand.
The defenders of the migrants have already announced that they will seek that within 30 days the collective demands they will present are certified. If they succeed, the order of Trump It will be blocked again throughout the country until there is another failure.
