Superior court rules allow the losing party to formally file a request for rehearing within 25 days. A majority of the nine-member court would have to approve granting a rehearing. The June 30 ruling to uphold birthright citizenship marked a setback for the president’s immigration agenda, although it was welcomed by civil rights groups. In
Superior court rules allow the losing party to formally file a request for rehearing within 25 days. A majority of the nine-member court would have to approve granting a rehearing.
The June 30 ruling to uphold birthright citizenship marked a setback for the president’s immigration agenda, although it was welcomed by civil rights groups.
In a 6-3 decision, Chief Justice John Roberts ruled that children born in the United States “to parents unlawfully or temporarily present” are “citizens at birth” under the 14th Amendment to the US Constitution.
Trump had sought to limit the right through an executive order, arguing that children of undocumented immigrants and some temporary visitors were not “subject to his jurisdiction” and therefore ineligible for birthright citizenship.
Five of the justices, including Chief Justice Roberts, agreed that Trump’s executive order violates the 14th Amendment to the Constitution. Judge Brett Kavanaugh wrote separately to say he believed Trump’s order violates federal law.
After the ruling was issued, Trump vowed to continue fighting to end birthright citizenship through legislation, which would need approval in the US Congress.
The United States has granted citizenship to everyone born in the country since 1868, a right enshrined in the 14th Amendment to the US Constitution and reinforced by subsequent rulings by the US Supreme Court.
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