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Supreme Court justices signal skepticism over Trump's birthright citizenship order

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Supreme Court questions Trump administration's bid to limit birthright citizenship

The U.S. Supreme Court appeared doubtful Wednesday about President Donald Trump's attempt to end automatic citizenship for children born in the country to undocumented immigrants, suggesting a potential setback for a key immigration policy.

Oral arguments reveal deep divisions

During over two hours of debate, a majority of justices expressed skepticism toward the administration's argument that the 14th Amendment's citizenship clause does not apply to children of undocumented immigrants or certain temporary visitors.

Chief Justice John Roberts, often a pivotal vote, challenged the government's interpretation, questioning how such a broad exclusion could be justified. "I'm not quite sure how you can get to that big group," he remarked.

U.S. Solicitor General John Sauer argued that the amendment's phrase "subject to the jurisdiction thereof" should be narrowly interpreted to exclude children of those without legal residency, claiming their parents owe allegiance to foreign nations.

"Jurisdiction means allegiance," Sauer stated, later adding that "permanent residence and domicile decides [citizenship]."

Precedent and legal tradition at stake

Several justices pushed back, citing the 1898 United States v. Wong Kim Ark ruling, which affirmed birthright citizenship for children of lawful but non-citizen residents. Justice Elena Kagan noted the 14th Amendment was intended to codify longstanding common-law tradition without restrictions.

ACLU attorney Cecillia Wang, representing plaintiffs, urged the court to uphold the precedent, warning that overturning it would disrupt over a century of settled law.

Potential outcomes and political implications

Legal experts suggest the court may avoid a sweeping constitutional ruling, instead focusing on a 1952 statute that reinforced birthright citizenship. "The court does not like to rule on constitutional issues if it doesn't have to," said immigration law scholar Stephen Yale-Loehr.

A decision is expected in June, marking the first major immigration ruling of Trump's second term. A defeat would follow last month's rebuke of his global tariffs, further limiting his executive authority.

Trump's high-profile involvement

Trump attended the arguments-a rare move for a sitting president-underscoring the case's significance. Afterward, he falsely claimed on social media that the U.S. is the "only country stupid enough" to grant birthright citizenship, later telling a White House event the policy was meant for "the babies of slaves," not "billionaire Chinese people."

Critics accused Trump of attempting to pressure the court, with opponents arguing the policy would upend longstanding legal norms and disproportionately affect vulnerable families.

Broader immigration crackdown

The case is part of Trump's broader effort to reshape U.S. immigration policy, a central campaign promise. A victory would bolster his claims of delivering on pledges to curb illegal immigration, while a loss could hinder his agenda and reinforce judicial checks on executive power.

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