President Donald Trump has asked the Supreme Court to partially lift the ban on his order to end birthright citizenship, claiming that it is overly broad because it applies nationwide rather than only to the lawsuit's parties.
Acting Solicitor General Sarah M. Harris said in the filing that the administration's request was a "modest" one, to “limit the pause to ‘parties actually within the courts’ power.'”
Federal courts in three states, Massachusetts, Maryland and Washington, issued orders pausing Trump's executive order, “Protecting The Meaning And Value Of American Citizenship,” temporarily until the full case can be heard.
The executive order ended automatic birthright citizenship, which doesn't mean that no one born in the U.S. to non-citizen parents can get citizenship, but that it isn't automatic.
Trump's order argued, “the privilege of United States citizenship is a priceless and profound gift.”
The "Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” it continued.
The main argument against allowing all children born to illegal immigrants in the United States to become citizens automatically is that the 14th Amendment says that the child must be "subject to" the laws and jurisdiction of the country.
Arguably, the children of illegal immigrants are under the care of their parents, who are not "subject to" U.S. laws if they are citizens of another country.
The courts have not yet ruled on that interpretation; meanwhile, the ruling means that potentially, every day more children will be born who get automatic citizenship until the case is resolved.
Trump is even willing to accept this outcome for the three states that have filed the lawsuit, but has argued that in the other 47 states that have not filed lawsuits, his order should take effect.
It seems a little bit like the old Solomon story of splitting the baby, but we will see whether the Supreme Court agrees.
Both Democrats and Republicans have used this argument to limit the scope of court actions that challenge executive orders in the past.
An Emerson College poll showed that 44.6% strongly or somewhat supported changing automatic birthright citizenship, while 36.6% strongly or somewhat opposed ending it.
Clearly, Trump has read the tea leaves on immigration and knows more people support his actions than oppose them.
