Former President Donald Trump has taken his fight over restricting automatic U.S. birthright citizenship to the U.S. Supreme Court. On Thursday, his administration asked the justices to narrow the scope of nationwide injunctions that have blocked his efforts to limit birthright citizenship, a key part of his tough immigration stance.
The Justice Department filed the request, challenging three injunctions issued by federal judges in Washington state, Massachusetts, and Maryland. The administration argues that these injunctions should not apply nationwide and should instead be limited to just the plaintiffs involved in the cases.
The department claims that “universal injunctions” have become too common since Trump’s administration took office. It asks the Supreme Court to declare that these injunctions should not become standard practice.
Trump’s executive order, signed on January 20, instructed federal agencies to deny citizenship to children born in the U.S. unless at least one parent is a U.S. citizen or lawful permanent resident. The order was set to take effect on February 19 but has been blocked by multiple federal judges.
The order has sparked several lawsuits, including from 22 Democratic state attorneys general, immigrant rights groups, and pregnant women. Critics argue that it violates the 14th Amendment, which guarantees citizenship to anyone born in the U.S.
The 14th Amendment’s citizenship clause states that all persons born or naturalized in the U.S. and subject to its jurisdiction are U.S. citizens. The administration, however, contends that this clause does not apply to children born to illegal immigrants or temporary residents, such as students or people on work visas.
The Justice Department argues that the current birthright citizenship policy has led to “birth tourism,” where pregnant women travel to the U.S. to give birth and secure citizenship for their children.
Trump’s push to limit birthright citizenship is part of his broader immigration strategy, which also includes military support for border security and a ban on asylum. An 1898 Supreme Court decision in United States v. Wong Kim Ark has been interpreted as granting citizenship to children born in the U.S. to non-citizen parents. However, the Trump administration argues that this ruling was narrower and only applied to children of parents who had permanent residency in the U.S.
The case now heads to the U.S. Supreme Court, where Trump’s legal team hopes the court will support his efforts. The Supreme Court’s conservative 6-3 majority includes three justices appointed by Trump.
Earlier rulings against Trump’s order criticized it as unconstitutional. In February, Seattle-based Judge John Coughenour, a Reagan appointee, blocked the order, calling it “blatantly unconstitutional” and accusing Trump of disregarding the rule of law for personal and political gain.
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