The Supreme Court is set to hear oral arguments in May concerning President Donald Trump’s executive order that restricts birthright citizenship.
This order, signed on his first day in office, reinterprets the 14th Amendment to prevent automatic U.S. citizenship for children born to non-legal residents.
Lower courts have blocked this order, and appeals courts have upheld those rulings. The Justice Department has filed emergency appeals, which has led the Supreme Court to take the rare step of scheduling a late-term hearing.
Trump asserts that the 14th Amendment was designed for individuals who were formerly enslaved, rather than for the children of undocumented immigrants or tourists. He argues that many legal scholars endorse his perspective.
The administration maintains that individuals who are not lawfully present in the U.S. remain under the jurisdiction of their home countries, and therefore do not qualify for birthright citizenship as per the Constitution.
