(Washington) The Supreme Court of the United States agreed on Friday to examine the constitutionality of a decree from Donald Trump reviewing land rights for the children of illegal immigrants, one of the most contested in the new mandate of the American president.
Published yesterday at
In a brief opinion, the conservative majority Court announced that it was taking up the appeal presented by the Trump administration against the decisions of lower courts, all of which concluded that the decree was unconstitutional.
This prohibits the federal government from issuing passports, citizenship certificates or other documents to children born in the United States whose mother is staying illegally or temporarily in the country, and whose father is not an American citizen or permanent resident – holder of the famous “green card”.
The principle of land law, enshrined by the 14e amendment to the Constitution and providing that every child born in the United States is automatically an American citizen, has been applied for more than 150 years.
The 14the amendment was adopted in 1868, after the Civil War and the abolition of slavery, to guarantee the rights of freed slaves and their descendants.
The Supreme Court, seized by the Trump administration against the suspensions of its decree pronounced by numerous courts or courts of appeal, had on June 27 limited the power of judges to block on a national scale executive decisions that they consider illegal.
But it did not rule on the constitutionality of the presidential decree, at the origin of the dispute.
“Once and for all”
In support of its appeal, the Trump administration, which has made the fight against illegal immigration a top priority, argues in its argument that “the erroneous extension of the acquisition of nationality by law has harmed the United States”.
She notes in particular that the prospect for migrants of seeing their child gain American citizenship if born on American territory “creates a strong incentive for illegal immigration”.
“The president’s decision violates more than years of Supreme Court precedent. This is a blatant attack on immigrant communities and all our constitutional rights,” said Cecillia Wang, legal director of the influential civil rights organization ACLU, in a statement.
“We are ready to take this fight to the Supreme Court and have this harmful decision overturned once and for all,” she said, recalling the series of successes recorded before all other courts.
The date of the debates before the Court has not been set immediately, but it should rule by the end of the annual session, which ends at the end of June.
Donald Trump signed this decree upon his return to the White House on January 20, saying he wanted to combat illegal immigration.
Also covered are children whose parents are temporarily residing in the United States on a student, work or tourist visa.
