{"id":3509,"date":"2025-05-14T18:48:51","date_gmt":"2025-05-14T18:48:51","guid":{"rendered":"https:\/\/gunowner-news.com\/?p=3509"},"modified":"2025-05-14T18:48:51","modified_gmt":"2025-05-14T18:48:51","slug":"fighting-for-birthright-citizenship-with-or-without-the-supreme-court","status":"publish","type":"post","link":"https:\/\/gunowner-news.com\/?p=3509","title":{"rendered":"Fighting for Birthright Citizenship, With or Without the Supreme Court"},"content":{"rendered":"<p> <br \/>\n<\/p>\n<div>\n<p><span class=\"has-underline\">As the Supreme<\/span> Court weighs whether to allow the Trump administration to massively restrict birthright citizenship, Rep. Delia Ramirez, D-Ill., is attempting to use Congress\u2019s power of the purse to block the administration\u2019s attack on constitutionally protected rights.\u00a0\u00a0<\/p>\n<p>In January, Trump signed <a href=\"https:\/\/www.whitehouse.gov\/presidential-actions\/2025\/01\/protecting-the-meaning-and-value-of-american-citizenship\/\">Executive Order 14160<\/a>, which would prevent children born in the United States and its territories from automatically becoming U.S. citizens if their parents are undocumented immigrants or on a temporary visa, such as a work or student visa.\u00a0<\/p>\n<p>Trump\u2019s order was immediately blocked by lower courts on the basis of the 14th Amendment, which guarantees citizenship for \u201call persons born or naturalized in the United States and subject to the jurisdiction thereof.\u201d\u00a0<\/p>\n<p>As the Supreme Court hears oral arguments on the case Thursday, Ramirez told The Intercept she will introduce a bill prohibiting the use of federal funds to carry out Trump\u2019s executive order and reaffirming birthright citizenship.\u00a0\u00a0<\/p>\n<p>This issue is personal for Ramirez, who is the only member of Congress born to parents who were undocumented at the time of her birth.<\/p>\n<p>\u201cMy mother and father fled poverty in Guatemala, and my mother was pregnant with me when she came to this country, and I was born in Cook County Hospital in the city of Chicago. I still live in the same community,\u201d said Ramirez. \u201cThe idea that [Trump] would call to question who\u2019s American and who\u2019s not \u2014 it\u2019s absolutely, very personal to me.\u201d<\/p>\n<p>Ramirez said it\u2019s clear that Trump\u2019s executive order isn\u2019t about immigration, it\u2019s about upholding white supremacy \u2014 a fact further evidenced by his administration\u2019s move to end temporary status for Afghan and Haitian immigrants, then immediately offer <a href=\"https:\/\/www.nytimes.com\/2025\/05\/12\/us\/politics\/white-south-africans-refugees.html\">refugee status to white South Africans<\/a>. \u201cIt\u2019s pretty blatant that this is an attack that is seeded on white supremacy and racism,\u201d she said.<\/p>\n<p><!-- BLOCK(promote-post)[0](%7B%22componentName%22%3A%22PROMOTE_POST%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%22slug%22%3A%22immigrants%22%2C%22crop%22%3A%22promo%22%7D) -->  <\/p>\n<aside class=\"promote-banner\">\n    <a class=\"promote-banner__link\" href=\"https:\/\/theintercept.com\/collections\/the-war-on-immigrants\/\"><br \/>\n              <span class=\"promote-banner__image\"><br \/>\n                  <\/span><\/p>\n<div class=\"promote-banner__text\">\n<p class=\"promote-banner__eyebrow\">\n            Read Our Complete Coverage          <\/p>\n<\/p><\/div>\n<p>    <\/a><br \/>\n  <\/aside>\n<p><!-- END-BLOCK(promote-post)[0] -->\u00a0<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-the-issue-of-injunctions\">The Issue of Injunctions<\/h2>\n<p>The oral arguments before the Supreme Court involve a case challenging several lower court decisions blocking the executive order from going into effect nationwide.<\/p>\n<p>The Trump administration is arguing that lower court judges don\u2019t have the power to issue nationwide injunctions and that these rulings should be limited in scope, if possible, to the specific people who brought cases.\u00a0Five pregnant women in Maryland brought cases against the Trump administration, fearing for the citizenship status of their future children.\u00a0<\/p>\n<p>The administration is also challenging the ability of states to bring these cases on behalf of their residents. Four states have brought lawsuits against the administration\u2019s executive order: Washington, Arizona, Illinois, and Oregon.\u00a0<\/p>\n<p>The consequences of the Supreme Court\u2019s decision in this case could prove wide-ranging for civil liberties in the United States and challenges to the Trump administration\u2019s sweeping agenda, legal experts said.\u00a0<\/p>\n<p>\u201cNo national injunction means that either we get checkerboard justice, where rights exist in some places and not in others,\u201d said Margo Schlanger, a law professor at the University of Michigan Law School, \u201cor we get this huge tax on the organizations that are trying to vindicate [these] rights that makes them litigate all over the place.\u201d\u00a0<\/p>\n<p>Schlanger said the court may decide to weigh-in on the substantive issue of birthright citizenship, focus on the issue of nationwide injunctions, or both.\u00a0<\/p>\n<p>Sam Erman, another professor at the University of Michigan Law School, thinks it\u2019s \u201chighly unlikely\u201d the Supreme Court will issue a ruling on birthright citizenship at this stage. Erman noted that the court has not had a full briefing on the issue of birthright citizenship. \u201cIt would be a very hurried decision if they did it,\u201d he said, \u201cand one where they would be sort of stripping themselves of a bunch of resources.\u201d<\/p>\n<p>There\u2019s also the fact that this is largely considered a settled legal issue. In United States v. Wong Kim Ark, the court established that children born in the United States to children of noncitizens are citizens. Wong Kim Ark, decided in 1898, is largely considered settled precedent.\u00a0<\/p>\n<p>\u201cIt\u2019s a pretty decided issue that the Supreme Court has itself basically presumed the result without giving it much thought in prior cases,\u201d said Erman. \u201cThe Supreme Court\u2019s precedent pretty much settles it. The history is all in one direction on it. The text is pretty clear.\u201d\u00a0<\/p>\n<p><!-- BLOCK(cta)[1](%7B%22componentName%22%3A%22CTA%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<p><!-- END-BLOCK(cta)[1] --><\/p>\n<p>But as shown by the Supreme Court\u2019s <a href=\"https:\/\/theintercept.com\/collections\/end-of-roe\/\">overturning of Roe v. Wade<\/a>, legal precedents can fall, said Kailin Wu, an attorney at Haynes Novick Kohn Immigration in Washington, D.C. \u201cThe court is looking at opportunities to review previous decisions a lot more often now than they have been in the past, \u201csaid Wu. \u201cI\u2019m not going into oral arguments on Thursday feeling confident that this is going to come out in favor of maintaining the status quo.\u201d<\/p>\n<p>Erman said it will also be worth watching how the court handles the secondary legal issue of nationwide injunctions.\u00a0\u00a0<\/p>\n<p>\u201cSome justices have been <a href=\"https:\/\/www.latimes.com\/business\/story\/2025-04-03\/gop-thinks-the-courthouse-stunt-they-used-against-biden-should-be-outlawed-because-they-target-trump\">signaling<\/a> for a while that [nationwide injunctions] ought to be reined in in some way,\u201d said Erman. \u201cAnd this seems like a possible moment to do that.\u201d<\/p>\n<figure class=\"wp-block-pullquote has-text-align-right\">\n<blockquote>\n<p> \u201cOne thing that\u2019s at stake is the separation of powers between the different branches of government.\u201d<\/p>\n<\/blockquote>\n<\/figure>\n<p>On the flip side, justices could be concerned about maintaining the balance of power between the judiciary writ-large, Congress and the presidency. \u201cOne thing that\u2019s at stake is the separation of powers between the different branches of government,\u201d said Erman. \u201cIn theory, it should be up to Congress to change the statutory scheme that grants birthright citizenship at birth, and it should only be the Supreme Court that gets to say what the constitutional law is.\u201d\u00a0<\/p>\n<p>Erman notes that outright banning nationwide injunctions, in this case, would get \u201cmessy fast.\u201d\u00a0<\/p>\n<p>\u201cIf they were to say, \u2018Well, now this only applies in the district where you filed,\u2019 you would suddenly have people filing in every district in the country all at once,\u201d he said, \u201cor if you said this only applies to the individuals who filed, you\u2019d get a flood of lawsuits by individuals seeking the same treatment.\u201d\u00a0<\/p>\n<p>This scenario, Schlanger said, would make it significantly harder for organizations to fight for civil rights because they would have to battle in every jurisdiction \u2014 potentially leaving the United States with a patchwork of different citizenship rules.\u00a0<\/p>\n<p>\u201cThere will be a bunch of states in which courts have said the birthright citizenship EO is illegal or ineffective \u2026 and then there will be other districts, other states, where that hasn\u2019t happened,\u201d she explained. \u201cSo you have different rules governing the citizenship rights of newborns depending on what state they were born in.\u201d\u00a0<\/p>\n<p><!-- BLOCK(newsletter)[2](%7B%22componentName%22%3A%22NEWSLETTER%22%2C%22entityType%22%3A%22SHORTCODE%22%2C%22optional%22%3Atrue%7D)(%7B%7D) --><\/p>\n<div class=\"newsletter-embed flex-col items-center print:hidden\" id=\"third-party--article-mid\" data-module=\"InlineNewsletter\" data-module-source=\"web_intercept_20241230_Inline_Signup_Replacement\">\n<div class=\"-mx-5 sm:-mx-10 p-5 sm:px-10 xl:-ml-5 lg:mr-0 xl:px-5 bg-accentLight hidden\" data-name=\"subscribed\">\n<h2 class=\"font-sans font-light uppercase text-[30px] leading-8 text-white tracking-[0.01em] mb-0\">\n      We\u2019re independent of corporate interests \u2014 and powered by members. Join us.    <\/h2>\n<p>    <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=492021&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F05%2F14%2Fdelia-ramirez-birthright-citizenship-supreme-court-immigration%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"border border-white !text-white font-mono uppercase p-5 inline-flex items-center gap-3 hover:bg-white hover:!text-accentLight focus:bg-white focus:!text-accentLight\" data-name=\"donateCTA\" data-action=\"handleDonate\"><br \/>\n      Become a member      <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n    <\/a>\n  <\/div>\n<div class=\"group default w-full px-5 hidden\" data-name=\"unsubscribed\">\n<div class=\"px-5 border-[10px] border-accentLight\">\n<div class=\"bg-white -my-2.5 relative block px-4 md:px-5\">\n<h2 class=\"font-sans font-body text-[30px] font-bold tracking-[0.01em] leading-8 mb-0 xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Join Our Newsletter          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Thank You For Joining!          <\/span><br \/>\n        <\/h2>\n<p class=\"text-[27px] mb-3.5 font-bold text-accentLight tracking-[0.01em] leading-[29px] font-sans xl:text-[37px] xl:leading-[39px]\">\n          <span class=\"group-[.subscribed]:hidden\"><br \/>\n            Original reporting. Fearless journalism. Delivered to you.          <\/span><br \/>\n          <span class=\"group-[.default]:hidden\"><br \/>\n            Will you take the next step to support our independent journalism by becoming a member of The Intercept?          <\/span>\n        <\/p>\n<p>        <a href=\"https:\/\/join.theintercept.com\/donate\/now\/?referrer_post_id=492021&amp;referrer_url=https%3A%2F%2Ftheintercept.com%2F2025%2F05%2F14%2Fdelia-ramirez-birthright-citizenship-supreme-court-immigration%2F&amp;source=web_intercept_20241230_Inline_Signup_Replacement\" class=\"group-[.default]:hidden border border-accentLight text-accentLight font-sans px-5 py-3.5 inline-flex items-center gap-3 text-[20px] font-bold\" data-action=\"handleDonate\"><br \/>\n          Become a member          <span class=\"font-icons icon-TI_Arrow_02_Right\"\/><br \/>\n        <\/a><\/p>\n<div class=\"font-sans text-accentLight text-[10px] leading-[13px] text-balance [&amp;_a]:text-accentLight [&amp;_a]:font-bold [&amp;_a:hover]:underline group-[.subscribed]:hidden\">\n<p>By signing up, I agree to receive emails from The Intercept and to the <a href=\"https:\/\/theintercept.com\/privacy-policy\/\">Privacy Policy<\/a> and <a href=\"https:\/\/theintercept.com\/terms-use\/\">Terms of Use<\/a>.<\/p>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<p><!-- END-BLOCK(newsletter)[2] --><\/p>\n<p>Wu said that his clients living in the U.S. on work visas are terrified about what the Trump administration\u2019s executive order could mean for their families. For example, Wu said that his clients on H-1B visas are sometimes here for 15 to 30 years before they receive their green cards. Now, it\u2019s unclear what could happen if they end up having children.\u00a0<\/p>\n<p>\u201cAre their kids automatically going to get a [visa]? Are they going to need to apply for that? I think there are a lot of questions,\u201d said Wu. \u201cYou may end up in scenarios where people who are here on temporary status and who have kids who are born here are inevitably going to leave at some point.\u201d\u00a0<\/p>\n<p>Legal scholars said to watch whether justices ask more about birthright citizenship or nationwide injunctions as an indicator of which issue they\u2019re more likely to address. And as always, all eyes are on Chief Justice John Roberts, who is widely considered to be a swing vote on these issues.\u00a0<\/p>\n<p>However, Erman said, regardless of how the justices eventually rule, it shouldn\u2019t be seen as an indicator that the Supreme Court is on the side of people fighting the administration.<\/p>\n<p>\u201cThe administration is on very weak substantive ground here,\u201d said Erman,\u201cand so were the courts to uphold what the administration is trying to do. That\u2019s a strong signal that they\u2019re going to be, I think, deferential to lots of claims by the administration.\u201d<\/p>\n<h2 class=\"wp-block-heading\" id=\"h-withholding-funding\">Withholding Funding<\/h2>\n<p>In Congress, Ramirez isn\u2019t holding out hope that her Republican colleagues will help her protect birthright citizenship. \u201cI\u2019ve had some off-the-record conversations with a couple of them, who said, \u2018No, that\u2019s absolutely crazy, if you were born here, you\u2019re a United States citizen,\u2019\u201d she said. \u201cBut the problem is, that has not actually been lived out in remarks or public statements.\u201d\u00a0<\/p>\n<p>Still, Ramirez thinks it\u2019s important to take a stand for this fundamental right.\u00a0<\/p>\n<p>In addition to affirming the constitutional right of all children born in the United States to automatically obtain U.S. citizenship, the bill uses Congress\u2019s spending powers to block the administration\u2019s actions.\u00a0<\/p>\n<p>The legislation would prohibit any federal funds from being used to carry out Trump\u2019s executive order. So even if the Supreme Court ruled that Trump could move forward implementing the executive order, his administration would be blocked from using federal funding to create new systems to identify who is or isn\u2019t a citizen, change someone\u2019s citizenship status, or deport them. If Ramirez\u2019s legislation can pass in the House and find backing in the Republican-controlled Senate, it would render Trump\u2019s campaign against birthright citizenship an order in name only.<\/p>\n<p>\u201cWe\u2019re going to have a strong showing. Over 100 members of Congress are original co-sponsors to this bill,\u201d said Ramirez. \u201cPeople are really riled up to fight back and understand that attempting to erode birthright citizenship is literally attempting to erode our democracy itself.\u201d<\/p>\n<\/p><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/theintercept.com\/2025\/05\/14\/delia-ramirez-birthright-citizenship-supreme-court-immigration\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>As the Supreme Court weighs whether to allow the Trump administration to massively restrict birthright citizenship, Rep. Delia Ramirez, D-Ill., is attempting to use Congress\u2019s power of the purse to block the administration\u2019s attack on constitutionally protected rights.\u00a0\u00a0 In January, Trump signed Executive Order 14160, which would prevent children born in the United States and [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":3510,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":{"0":"post-3509","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-usa-news"},"_links":{"self":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3509","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3509"}],"version-history":[{"count":0,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/posts\/3509\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=\/wp\/v2\/media\/3510"}],"wp:attachment":[{"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunowner-news.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}