Trump officials ask Supreme Court to uphold ban on birthright citizenship

The Trump Administration asked the Supreme Court to maintain its decree ending the citizenship of the right of birth in the United States.

President Donald Trump signed the order, which denies citizenship to children of migrants who are either in the United States illegally or on temporary visas, on his first day of return in January.

The order was prevented from taking effect by judges of the lower courts after a series of prosecution which argued that it was unconstitutional.

The Ministry of Justice filed an appeal on Friday which sought to cancel the decision of the lower courts, arguing that decisions “have invalidated a policy of major importance” for the administration “in a way that undermines our border security”.

He added that the injunctions have rewarded “the privilege of American citizenship over hundreds of thousands of unskilled people”.

Supporters of citizenship of the right of birth has argued that the order goes against the 14th amendment to the American Constitution, which stipulates that “all people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the State in which they reside”.

The administration of Trump, on the other hand, argued that the clause “subject to its competence” means that the amendment excludes children of people who are not in the country permanently or legally.

Judges of several district courts, including Maryland, Massachusetts and the state of Washington, had issued injunctions on a national scale which arrested the order. But in June, after a challenge to Trump officials, the Supreme Court judged that a federal judge could not block a presidential order.

The decision, however, always authorizes judicial blocks through certain legal paths. Judges can prevent orders from taking effect for those who continue against them while their prosecution continues.

The Ministry of Justice asked the Supreme Court to resume and resolve the case in its new mandate, which begins on October 6.

According to Pew Research, around 250,000 babies were born from unauthorized immigrant parents in the United States in 2016 – a decrease of 36% compared to a peak in 2007.

By 2022, the last year that the data is available, there were 1.2 million American citizens born of unauthorized immigrant parents, said Pew.

But as these children also have children, the cumulative effect of the end of the citizenship of the birth law could potentially increase the number of unauthorized immigrants in the country to 4.7 m in 2050, the Migration Policy Institute, found a reflection group.

In an interview with NBC’s Meet The Press last December, Trump said he thought that children of unauthorized immigrants should be expelled alongside their parents – even if they were born in the United States.

“I don’t want to break families,” said Trump. “So the only way not to break the family is that you keep them together and you have to send them all.”