Trump administration continues to test the limits of its power
FOR IMMEDIATE RELEASE
WASHINGTON, D.C. – The Supreme Court heard oral arguments in three consolidated cases today, each challenging the Trump administration’s attempt to terminate the constitutional right to birthright citizenship. Numerous other cases were filed across the country against this unlawful executive order (more information is available on our litigation tracker).
Karen Tumlin, Founder and Director of Justice Action Center, issued the following statement:
“The technical question before the Court today was whether the Supreme Court should undo the nationwide injunctions issued by the courts below because they provided relief beyond the named plaintiffs in those cases. But do not let that formalistic legal question obscure the importance of what is at stake in human terms: Every single court that has considered the issue across the country rejected the Trump administration’s effort to repeal birthright citizenship, a move clearly designed to redefine who belongs in our nation and set our country back centuries.
“The Constitution is clear that anyone who is born in the United States is a citizen—full stop. This protection is as true for babies born in California as it is for babies born in Texas. So, how did we get to the point where this issue is even at our nation’s High Court? One only needs cursory familiarity with the Trump administration’s agenda to recognize that it is attempting to control what the next generation of Americans looks like. But that’s not how our constitutional rights work.
“The 14th Amendment’s repeal of Dred Scott v. Sandford in 1868 and the precedent set in U.S. v. Kim Wong Arc in 1898 make clear that race and immigration status have no bearing on the citizenship status of babies born on U.S. soil. Period. We hope the Supreme Court recognizes this and prevents the administration from securing the power it’s after: getting to decide which young lives are worthy of Americanness, and which are not. Times when we’ve left fundamental questions of citizenship and status up to states have been among the most shameful in our history, and we should not repeat those grave mistakes.”
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Justice Action Center (JAC) is a nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Bluesky, Instagram, Facebook, and LinkedIn.