Trump expected to attend supreme court arguments on birthright citizenship
President Donald Trump is expected to watch the US supreme court hear a landmark case today weighing the constitutionality of his contentious bid to end birthright citizenship – an extraordinary and possibly unprecedented move for the nation’s highest office.
Trump signed an executive order on his return to the White House decreeing that children born to parents in the United States illegally or on temporary visas would not automatically become US citizens.
Lower courts blocked the move as unconstitutional, ruling that under the Citizenship Clause of the 14th Amendment nearly everyone born on US soil is an American citizen, AFP reported.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states. It does not apply to persons who are not subject to US jurisdiction – foreign diplomats, for example, and sovereign Native American tribes.
“I’m going,” Trump told reporters Tuesday when asked about the supreme court hearing. He had attended the investiture ceremony of his first supreme court justice nominee, Neil Gorsuch, in 2017, months into Trump’s first term.
But it would be an exceptional milestone for a sitting president to be present for oral arguments in a case their administration is actively arguing.
The Trump administration argues that the 14th amendment, passed in the wake of the 1861-1865 Civil War, addresses the rights to citizenship of former slaves and not the children of undocumented migrants or temporary visitors.
Trump’s executive order is premised on the notion that anyone in the United States illegally, or on a visa, is not “subject to the jurisdiction” of the country and therefore excluded from automatic citizenship.
Trump will attend the supreme court hearing from oral arguments from 10am ET today. He is then due to deliver an update on the Iran war in an address to the nation at 9pm ET.
In other developments:
-
Trump signed an executive order seeking to restrict mail-in voting across the US with a series of new requirementsincluding the establishment of a national voter list.
-
The move was unprecedented and likely unconstitutional, according to experts. The Brennan Center said in response, “He has no lawful authority to write the rules that govern our elections. He tried a year ago; we sued him; we won. A year later, he has tried again. He can expect the same result.”
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Several states and Democratic officials criticized the order, describing it as an illegal attack that amounted to voter suppression ahead of the midterms, and said they will take legal action to stop the president, including California.
-
Trump continued to fume over today’s ruling from a US judge that halted the construction of his $400m White House ballroomand sharply criticized the decision during a press briefing and on social media.
-
Pete Hegseth lifted the suspension of the crew of the military helicopters that hovered near the home of singer Kid Rockand said there would be no investigation.
Key events
Ramon Antonio Vargas
A former video editor and field producer for Alex Jones’s Infowars has said his work for the notorious conspiracy theorist was “nonsense” and “lies”, but he kept at it for four years in his 20s because the far-right media company’s founder was a magnetic presence and it earned him good money.
Josh Owens made those revealing remarks in an NPR interview published on Tuesday promoting his new memoir about once having been an employee of Jones and Infowars – a conversation that also detailed the hand he said he had in fabricating a video of an operative of the Islamic State (IS) terror group sneaking into the US from Mexico immediately after a beheading.
“In Jones’s world, it was all about making things look cinematic,” Owens, who left Infowars in 2017, said to NPR. Likening the aesthetic to that seen in pieces by Vice News, he continued: “We would go out there, we would shoot videos … like we were in the weeds, we were showing what was really going on.
“But it was nonsense. It was lies.”
To illustrate the point to the outlet, Owens recounted how Infowars deployed him to El Paso, Texas, after a conservative website alleged that IS had erected a training base right on the other side of the US-Mexico border, specifically in Ciudad Juárez, Chihuahua.
Rachel Leingang
President Trump cannot unilaterally overturn a constitutional amendment; that requires congressional action.
But the administration is arguing not that they’re overturning the amendment, but rather interpreting it according to its intended meaning.
The Trump administration wants the supreme court to reinterpret the amendment and allow the order to be enforced, overriding more than 125 years of legal precedent.
The landmark decision on birthright citizenship, United States v Wong Kim Ark, made clear that a child born to parents of Chinese descent who had permanent “domicile” in the US would be a US citizen at the time of birth under the 14th amendment.
The Trump administration argues “domicile”, meaning a permanent residence, is a critical part of the interpretation, despite the word not appearing in the amendment itself.
“Birthright Citizenship was not meant for people taking vacations to become permanent Citizens of the United States of America, and bringing their families with them, all the time laughing at the ‘SUCKERS’ that we are!” the president wrote on Truth Social last year.
The Supreme Court is expected to rule by the end of June.
The court last year gave Trump an initial victory in the birthright citizenship context in a ruling restricting the power of federal judges to curb presidential policies nationwide.
Though arising from early-stage judicial rulings declaring Trump’s directive unconstitutional, the court’s ruling did not resolve its legality.
The court, which has a 6-3 conservative majority, has backed Trump on other major immigration-related policies since he returned to the presidency.
It let Trump expand mass deportation measures on an interim basis while legal challenges play out, such as ending humanitarian protections for migrants or allowing them to be deported to countries where they have no ties.
The administration has said that granting citizenship to virtually anyone born on US soil has created incentives for illegal immigration and led to “birth tourism,” by which foreigners travel to the United States to give birth and secure citizenship for their children.
An eventual ruling by the Supreme Court endorsing the administration’s view could affect the legal status of as many as 250,000 babies born each year, according to some estimates, and require the families of millions more to prove the citizenship status of their newborns, Reuters reported.
The 14th Amendment was ratified in 1868 in the aftermath of the Civil War of 1861-1865 that ended slavery in the United States, and overturned a notorious 1857 Supreme Court decision that had declared that people of African descent could never be US citizens. Concord, New Hampshire-based US District Judge Joseph Laplante last July let the challenge to Trump’s order by these plaintiffs proceed as a class, allowing the policy to be blocked nationwide.
The challengers have said the Supreme Court already settled the question of birthright citizenship in an 1898 case called United States v Wong Kim Ark, which recognized that the 14th Amendment grants citizenship by birth on US soil, including to the children of foreign nationals.
The administration contends that the 1898 precedent supports Trump’s order because, according to the court’s ruling in that case, at the time of his birth, Wong Kim Ark’s parents had permanent domicile and residence in the United States.
Trump expected to attend supreme court arguments on birthright citizenship
President Donald Trump is expected to watch the US supreme court hear a landmark case today weighing the constitutionality of his contentious bid to end birthright citizenship – an extraordinary and possibly unprecedented move for the nation’s highest office.
Trump signed an executive order on his return to the White House decreeing that children born to parents in the United States illegally or on temporary visas would not automatically become US citizens.
Lower courts blocked the move as unconstitutional, ruling that under the Citizenship Clause of the 14th Amendment nearly everyone born on US soil is an American citizen, AFP reported.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states. It does not apply to persons who are not subject to US jurisdiction – foreign diplomats, for example, and sovereign Native American tribes.
“I’m going,” Trump told reporters Tuesday when asked about the supreme court hearing. He had attended the investiture ceremony of his first supreme court justice nominee, Neil Gorsuch, in 2017, months into Trump’s first term.
But it would be an exceptional milestone for a sitting president to be present for oral arguments in a case their administration is actively arguing.
The Trump administration argues that the 14th amendment, passed in the wake of the 1861-1865 Civil War, addresses the rights to citizenship of former slaves and not the children of undocumented migrants or temporary visitors.
Trump’s executive order is premised on the notion that anyone in the United States illegally, or on a visa, is not “subject to the jurisdiction” of the country and therefore excluded from automatic citizenship.
Trump will attend the supreme court hearing from oral arguments from 10am ET today. He is then due to deliver an update on the Iran war in an address to the nation at 9pm ET.
In other developments:
-
Trump signed an executive order seeking to restrict mail-in voting across the US with a series of new requirementsincluding the establishment of a national voter list.
-
The move was unprecedented and likely unconstitutional, according to experts. The Brennan Center said in response, “He has no lawful authority to write the rules that govern our elections. He tried a year ago; we sued him; we won. A year later, he has tried again. He can expect the same result.”
-
Several states and Democratic officials criticized the order, describing it as an illegal attack that amounted to voter suppression ahead of the midterms, and said they will take legal action to stop the president, including California.
-
Trump continued to fume over today’s ruling from a US judge that halted the construction of his $400m White House ballroomand sharply criticized the decision during a press briefing and on social media.
-
Pete Hegseth lifted the suspension of the crew of the military helicopters that hovered near the home of singer Kid Rockand said there would be no investigation.
