President Donald Trump's attempt to limit birthright citizenship through executive order was rejected by the Supreme Court. Justice Brett Kavanaugh, one of Trump's appointees, concurred with the majority but suggested that Congress could pursue legislative changes to birthright citizenship. Kavanaugh indicated that the court should have addressed the issue under federal law rather than the Constitution, proposing that Congress could amend existing laws to establish exceptions for children born to parents who are in the country illegally or temporarily. This follows the historical context of the 14th Amendment's citizenship language, which was first enacted into federal law in 1940 and incorporated into the Immigration and Nationality Act of 1952. Following the ruling, House Speaker Mike Johnson stated that birthright citizenship has been 'abused' and suggested that amending the Constitution may be necessary. Several Republican lawmakers, including Senators Rand Paul and Mike Lee, have called for a constitutional amendment to address birthright citizenship. Trump expressed support for legislative changes to end birthright citizenship without requiring a constitutional amendment. The Justice Department announced a shift in strategy, focusing on targeting visa fraud related to birth tourism instead of enforcing the executive order. Legal experts note that any congressional effort to restrict birthright citizenship may face constitutional challenges, as the citizenship clause is interpreted to protect it.
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Supreme Court Decision on Birthright Citizenship Sparks Legislative Discussion
The Supreme Court rejected President Trump's executive order to limit birthright citizenship, prompting Justice Kavanaugh to suggest that Congress could pursue legislative changes instead. Following the ruling, Republican lawmakers expressed interest in amending the Constitution to address the issue, while the Justice Department announced a shift in focus to combatting visa fraud related to birth tourism.
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Trump's 'hero' justice offers roadmap after Supreme Court rejects birthright order
Supreme Court Decision on Birthright Citizenship Sparks Legislative Discussion