Supreme Court Gets It Wrong and Hands Trump More Power

Highest Court Limits Ability to Block Trump Policies Nationwide

(Washington)—The Supreme Court has once again declined to limit the Trump Administration’s abuse of executive power and has decided to limit federal district court judges’ ability to issue nationwide injunctions. Today’s decision furthers the country’s current plunge into authoritarianism and opens the door for the enactment of even more policies rooted in racial animus. The Immigrant Legal Resource Center (ILRC) will continue to stridently stand against this.

Several immigrant rights groups and 22 states had filed suit against the Trump administration's executive order which seeks to limit birthright citizenship for children born in the United States to certain immigrants despite the fact that birthright citizenship is enshrined in the US Constitution. Three federal district court judges had issued nationwide injunctions blocking the administration from enforcing the executive order.

The Supreme Court did not rule on the constitutionality of the birthright citizenship executive order - leaving intact the foundational premise that birthright citizenship is protected by the US Constitution. Unfortunately the Supreme Court got it wrong today as its decision will make it harder for families to ensure they can enjoy these constitutional protections. For now, however, the injunction remains in place for 30 days to allow lower courts to address the constitutionality of Trump’s birthright citizenship executive order.  To reiterate, no change can take effect for at least 30 days.

ILRC condemns the Supreme Court’s willingness to forgo its duty to check the power of the executive branch from egregious overreach. This decision is already resulting in chaos and uncertainty for families and parents who now will have to fight even harder to ensure their families’ constitutional rights are respected by the federal government. 

Birthright citizenship is enshrined in the U.S. Constitution and cannot be limited according to the whims of the current president or to satisfy an authoritarian and racist agenda. The ILRC will continue to support the constitutional rights of everyone in the US - including immigrants and immigrant families - and will always defend democracy. 

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The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities. Follow us at www.ilrc.org, and @the_ILRC on X (formerly Twitter), Instagram and TikTok. Also follow us on Bluesky @the-ilrc.bsky.social, and on Facebook.