The Supreme Court of the United States decided, this Tuesday (30), to maintain the constitutional understanding that guarantees American citizenship to practically all people born in the country. With this, he overturned the executive order signed by President Donald Trump that restricted this right for children of undocumented immigrants and tourists.
By six votes to three, the ministers reaffirmed the interpretation of the 14th Amendment to the US Constitution, according to which any person born in US territory is a citizen of the country, with the exception of specific cases, such as children of foreign diplomats. The decision maintains a consolidated understanding since 1898, when the Supreme Court recognized the citizenship of Wong Kim Ark, the son of Chinese immigrants born in the United States.
The contested measure had been signed by Trump on the first day of his second term as part of a broad package to tighten immigration policy. The government argued that automatic citizenship encouraged irregular immigration and so-called “birth tourism”, a practice in which foreigners travel to the United States so their children can obtain citizenship.
The restrictions, however, never came into force. Several federal courts suspended the executive order before it was enforced, sending the case to the Supreme Court.
The lawsuit originated from a lawsuit filed by a Honduran immigrant identified only as Barbara, a resident of New Hampshire. Pregnant with her fourth child, she challenged the constitutionality of the measure because she understood that the child, although born in US territory, would be deprived of the right to citizenship guaranteed by the Constitution.
When presenting the majority opinion, the President of the Supreme Court, John Roberts, stated that there is “little evidence” to support the interpretation defended by the Trump administration and classified the thesis as a drastic revision of the 14th Amendment. “We see no reason to depart from this interpretation today”, pointed out the judge when reaffirming the jurisprudence consolidated by the Court more than a century ago.
Until the publication of this report, Trump had not commented on the decision. Hours before the trial, however, the Republican president had shared a post on his social networks stating that his efforts to restrict citizenship by birth could succeed “with or without the Supreme Court”.
Source: www.brasildefato.com.br
