President Donald Trump’s executive order ending birthright citizenship for the children of some immigrants could go into effect next month in at least some states, following a U.S. Supreme Court ruling that weakened the power of lower courts to issue nationwide injunctions.
For immigrant parents expecting babies, the ruling will unleash a frantic search for more information about whether the order applies to their prospective children. Legal groups opposing the executive order promised Friday to seek relief in the lower courts for as many children as possible.
While challenges to the executive order move through the courts, the administration will only be blocked from enforcing its order against a more narrow group of people potentially impacted. The Supreme Court ordered the lower courts to “expeditiously” reexamine which plaintiffs will be covered by more narrow injunctions.
Signed hours after he took office, the executive order was quickly blocked by multiple lower federal court judges, who held that the order likely violates the U.S. Constitution. For more than 150 years, the 14th Amendment has guaranteed birthright citizenship, stating that “all persons born” in the United States “are citizens of the United States and of the State wherein they reside.”
The administration asked the Supreme Court to weigh in on the case — not on the executive order directly, but rather on the nationwide injunctions seeking to block it. The administration argued that these orders give too much power to a single judge at the expense of presidential power. Its ruling did not address whether the executive order violated the Constitution, a question the court is likely to take up later.
In a 6-3 ruling led by Justice Amy Coney Barrett on a group of three cases, Trump v. CASA, Inc., Trump v. Washington and Trump v. New Jersey, a coalition of conservative justices, ruled that “federal courts do not exercise general oversight of the Executive Branch.” The ruling says that Trump’s executive order can’t go into effect sooner than July 27.
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