(NewsNation) — The Supreme Court on Friday will issue its decision in a high-stakes case tied to one of President Donald Trump’s controversial policies: ending birthright citizenship for children born in the United States to undo***ented immigrants.
At the center of the case is the 14th Amendment and the question of whether birthright citizenship is enshrined in the Constitution.
Judges from across the political spectrum largely agree that the Constitution protects this right. However, Trump’s executive order, currently blocked by lower courts, seeks to deny that protection, and the White House wants the Supreme Court to reverse those rulings.
While emergency appeals to the court are typically written and resolved quickly, this case is one of the few emergency matters granted oral arguments.
Birthright citizenship order blocked by lower courts
White House officials want to revise U.S. citizenship rules that have been in place for more than 125 years, arguing the change would help address illegal immigration.
“It is this administration’s policy to deport illegal alien families together, ensuring family unity,” senior White House adviser Stephen Miller wrote on social media. “Ending birthright citizenship will contribute greatly to that goal.”
Lower court rulings have blocked the administration from carrying out the order by issuing nationwide injunctions in dozens of cases. The argument before the Supreme Court is whether one judge should have the authority to block a law or presidential order from taking effect in the U.S. while it’s being challenged in the courts.
The 14th Amendment reads: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.”
‘I believe he’s not going to succeed’: Immigration lawyer
Michael Wildes, an immigration lawyer, told NewsNation the case is not only about legal interpretation, but also about process and precedent.
“This whole notion of anchor babies and the negative impression that the president is giving birthright citizenship is going to be met by the courts, and I believe he’s not going to succeed,” he said. “The Supreme Court of the United States and all the courts in the federal, state and even local systems interpret laws the president enforces and Congress makes. If you want to change the law, if you want to make a law, you’ve got to go to Congress.”
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