US top court curbs judges' power, but fate of Trump birthright citizenship order unclear
A divided Supreme Court on Friday ruled that individual judges lack the authority to grant nationwide injunctions, but the decision left unclear the fate of US President Donald Trump's restrictions on birthright citizenship.
The outcome was a victory for the Republican president, who has complained about individual judges throwing up obstacles to his agenda.
But a conservative majority left open the possibility that the birthright citizenship changes could remain blocked nationwide. Trump's order would deny citizenship to US-born children of people who are in the country illegally.
Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution's 14th Amendment.
In a notable Supreme Court decision from 1898, United States v. Wong Kim Ark, the court held that the only children who did not automatically receive US citizenship upon being born on US soil were the children of diplomats, who have allegiance to another government; enemies present in the US during hostile occupation; those born on foreign ships; and those born to members of sovereign Native American tribes.
Protester Olga Urbina carries baby Ares Webster at a rally outside the US Supreme Court in May. Photo: Reuters
The US is among about 30 countries where birthright citizenship – the principle of jus soli or 'right of the soil' – is applied. Most are in the Americas, and Canada and Mexico are among them.
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