Can courts block executive orders? Trump’s Birthright Citizenship order explained

2025-01-25 17:45:00

A federal judge temporarily blocked President Donald Trump’s executive order denying US citizenship to the children of parents living in the country illegally. The Judge called the order “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.

The 14th Amendment to the Constitution promises citizenship to those born on US soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.

This raises the question: Can the courts block a president’s executive order?

The US is among about 30 countries where birthright citizenship — the principle of jus soli, or “right of the soil” — is applied. Most of these countries are in the Americas, including Canada and Mexico.

The 14th Amendment, ratified in 1868 after the Civil War, was designed to ensure citizenship for former slaves and free African Americans. It states:

“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.”

Trump’s executive order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States and, therefore, are not entitled to citizenship.

History

A key legal precedent involving birthright citizenship dates back to 1898, when the Supreme Court ruled in the United States v. Wong Kim Ark case. The Court held that Wong Kim Ark, who was born in San Francisco to Chinese immigrants, was a US citizen because he was born on US soil. Wong faced challenges when the federal government tried to deny him reentry after a trip abroad, citing the Chinese Exclusion Act. The Court’s decision affirmed that birthright citizenship applied under the 14th Amendment.

However, advocates for stricter immigration policies argue that the case applied specifically to children of legal immigrants. They contend it is less clear whether the same principle applies to children born to parents living in the country illegally.

What Is Birthright Citizenship?

Birthright citizenship means anyone born in the US is a citizen, regardless of their parents’ immigration status. People, for instance, in the United States on a tourist or other visa or in the country illegally can become the parents of a citizen if their child is born here.

It’s been in place for decades and enshrined in the 14th Amendment to the Constitution, supporters say. But Trump and allies dispute the reading of the amendment and say there need to be tougher standards on becoming a citizen.

Presidential Orders and Executive Power

The US President has significant authority to issue executive orders, which are directives to federal agencies on how to implement laws. However, executive orders cannot override the Constitution.

President Trump’s attempt to end birthright citizenship through an executive order raised significant legal questions. Many legal experts believe that altering this principle would require a constitutional amendment rather than executive action.

The crux of Trump’s order lies in questioning whether the 14th Amendment extends automatic citizenship to all individuals born in the United States. The order claims that children of noncitizens are not fully under U.S. jurisdiction, challenging the established interpretation of the amendment.

The Role of the Courts

The judiciary plays a critical role in determining the legality of executive orders through judicial review. This principle, established by the landmark case Marbury v. Madison (1803), allows courts to assess whether laws, executive orders, and actions violate the Constitution.

When a legal challenge to an executive order arises, it is typically heard in a district court. If one party disagrees with the ruling, they can appeal to the court of appeals. If the issue is of significant constitutional importance, the case may ultimately be reviewed by the Supreme Court.

In cases like this, a judge may issue an injunction or restraining order to block an executive order temporarily while the case proceeds. If the order is ultimately found unconstitutional, the court can issue a permanent injunction. For example, this occurred when a federal judge blocked Trump’s attempts to end birthright citizenship.

Why was Trump’s Birthright Citizenship Order Blocked?

The federal judge likely deemed Trump’s executive order “blatantly unconstitutional” for the following reasons:

  • The 14th Amendment explicitly grants citizenship to those born on U.S. soil.
  • The Supreme Court has upheld this principle in past rulings.
  • A president does not have the authority to alter the Constitution through executive action. Changing the Constitution would require a constitutional amendment, a lengthy process involving Congress and state legislatures.

What Happens Next?

The Trump administration could appeal the decision to higher courts, including the Supreme Court, if the legal questions are deemed significant enough. For now, however, the courts have blocked the executive order, emphasizing that birthright citizenship cannot be unilaterally eliminated by a presidential order.

Published By:

indiatodayglobal

Published On:

Jan 25, 2025

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