ALBANY, N.Y. (NEXSTAR) — A Supreme Court ruling issued on Friday unblocked part of President Donald Trump’s executive order on birthright citizenship. New York’s top legal expert, Attorney General Letitia James, said she was disappointed with the decision.
“Every child born on U.S. soil is a citizen of this country, no matter which state they are born in. This has been the law of the land for more than a century,” according to the attorney general. She called it a “profound and disappointing setback for the families who now face tremendous uncertainty and danger, for the millions of people who rely on the courts to protect their constitutional rights, and for the fundamental rule of law.”
The ruling in “Trump v. CASA” is available to read at the bottom of this story. It focused on whether federal courts in different districts have the power to issue “universal injunctions” that prevent government policies from being enforced at all. It said that such broad injunctions “likely exceed the equitable authority that Congress has granted to federal courts” because the injunction applies to everyone, not just the people who filed the lawsuit.
SCOTUS sent the issue back to lower courts, telling them to narrow their orders to only protect the plaintiffs who sued. That means the executive order on birthright citizenship would apply to anyone not named as a plaintiff in the lawsuit. It tells federal agencies not to issue or accept citizenship documents for—or consider as citizens—any child born in the U.S. after February 19, provided their mother was in the U.S. unlawfully or temporarily and their father was not a U.S. citizen or lawful permanent resident.
New York and 18 other states—along with the District of Columbia and San Francisco—sued Trump over the order on January 21. On February 13, a court granted their request for a preliminary injunction, which a federal appeals court later upheld. It stopped the order, “Protecting the Meaning and Value of American Citizenship,” from taking effect nationwide.
Opponents claimed that the order violated both the 14th Amendment’s Citizenship Clause, dating back to 1866, and Section 201 of the Nationality Act of 1940. According to the Citizenship Clause, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” SCOTUS has held since 1898 in “U.S. v. Wong Kim Ark” that this clause makes nearly everyone born on U.S. soil a citizen regardless of parental immigration status.
Justice Sonia Sotomayor wrote in a dissenting opinion, “No right is safe in the new legal regime this Court creates.” She agreed that the ruling “cuts at the root of the 14th Amendment, and threatens to send us back to a free state/slave state status quo.”
The original AG complaint argued that New York’s Child Health Plus program, which provides healthcare coverage regardless of immigration status, would be financially impacted. It said that thousands of babies born in New York would only qualify for the state-funded program, losing of millions of dollars in federal funding.
Brooklyn-based Popular Democracy issued a statement on the high court decision that “greenlighted Trump to run roughshod over a critical constitutional right.” It “takes away the power of lower courts to block unconstitutional moves from the government on a federal level—allowing the government to act with impunity and apply law inconsistently across the country,” according to co-executive directors Analilia Mejia and DaMareo Cooper. They warned, “It effectively extends a blank check for the government to begin stripping people of citizenship, detaining, and deporting people, while the judicial system plays catch-up.”
NYC Public Advocate Jumaane Williams agreed. “By sidestepping the issues of birthright citizenship itself, while limiting the ability of lower courts to prevent this and other assaults on the Constitution and the rights it bestows, we are opening the door even further to authoritarian impulses,” he said.
And James said that her office and other attorneys general “will continue to defend the Constitution and the common values that unite us,” implying potential further legal action. Take a look at the ruling below: