US

US Supreme Court curbs injunctions that blocked Donald Trump’s birthright citizenship plan

US Supreme Court curbs injunctions that blocked Donald Trump's birthright citizenship plan

Donald Trump’s administration will be allowed to take steps to implement its proposal to end automatic birthright citizenship in the US following a decision by the Supreme Court.

Under the current rules, nearly anyone born on US territory has automatic citizenship rights – commonly known as “birthright citizenship”.

But, on his first day back in the White House, Trump signed an executive order aimed at ending that right.

A series of lawsuits followed, with district courts issuing nationwide injunctions aiming to block the order from taking effect.

The Supreme Court on Friday voted 6-3 to allow the Trump administration to narrow the scope of nationwide injunctions imposed by judges so that they apply only to states, groups and individuals that sued.

This means the birthright citizenship proposal can likely move forward at least in part in the states that challenged it, as well as those that did not.

The US president responded with a post on Truth Social by welcoming the ruling.

“Giant win in the United States Supreme Court! Even the Birthright Citizenship Hoax has been, indirectly, hit hard. It had to do with the babies of slaves (same year!), not the scamming of our immigration process.”

Image:
Protests in support of birthright citizenship in Washington DC in May. Pic: AP

People demonstrate in front of the Supreme Court in Washington regarding birthright citizenship
Image:
Demonstrators have been vocal about what they regard as the erosion of their constitutional rights. Pic: picture-alliance/dpa/AP

The Supreme Court decision was on cases filed in Maryland, Massachusetts and Washington state.

The policy remains blocked for now in one additional state, New Hampshire, as a result of a separate lawsuit that is not before the Supreme Court.

Mr Trump’s plan has the backing of 21 other states.

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The decision does not address the legal merits of the policy, but only whether judges had the authority to put it on hold across the entire country.

The US Constitution gives automatic citizenship to almost anyone born in America, but Mr Trump wants that restricted to only those with at least one parent who is a US citizen or permanent resident.

As a result of the ruling, the proposal can potentially move forward nationwide, although individuals could still file their own lawsuits at the state level. Those currently challenging the policy could also still reinstate injunctions which are less broad in scope.

The US president and his allies have been harshly critical of judges who have blocked aspects of his agenda, although it is not a new phenomenon for courts to impose nationwide injunctions.

His administration has battled against judges who have issued nationwide injunctions in response to a bold and aggressive use of executive power to implement a controversial agenda, including ramping up deportations, downsizing federal agencies, targeting law firms and universities and firing thousands of federal employees.