SCOTUS decision on Trump’s birthright citizenship order is ‘cruel and unconstitutional,’ Latino leaders say

The Supreme Court issued its decision in CASA v. Trump on birthright citizenship today, limiting nationwide injunctions on the 14th Amendment issue. 

The majority 6-3 opinion did not, however, make a final ruling on whether President Trump’s executive order violates the 14th Amendment or the Nationality Act. 

"Instead, the issue the Court decides is whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions. Universal injunctions likely exceed the equitable authority that Congress has given to federal courts," the majority opinion, written by Amy Coney Barrett stated. "The Court grants the Government's applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue."

National Latino organizations denounced the ruling as an opportunity for the Trump administration to use the executive order to expand its immigration policy. 

"Today’s ruling does not address the constitutionality of birthright citizenship and instead grants President Trump more executive power to move forward with his racially infused agenda,” Angelica Salas, executive director for the Coalition for Humane Immigrant Rights (CHIRLA) said. “The hypocrisy and selective memory of those decrying the protections of an injunction now while using them effectively during the Biden or Obama Administration is glaring."

The danger of the court’s decision could leave U.S.-born citizens without legal protection and they would have to sue the administration separately to determine their citizenship status. 

"This is a terribly misguided decision and one which could leave some U.S.-born citizens born of undocumented parents living in some states and jurisdictions stateless and unprotected and others living in other states or jurisdictions in limbo," she added.

Lupe M. Rodríguez, executive director of National Latina Institute for Reproductive Justice said the lift on nationwide injunctions is cruel and unconstitutional. 

"We are deeply alarmed by the Supreme Court’s decision today," Rodríguez said. "By lifting the injunction on this cruel and unconstitutional executive order, there will be chaos and confusion for families across the country as citizenship may depend on the state you were born in. This opens the door to discrimination, statelessness and a fundamental erosion of rights for those born on American soil."  

The ruling opens the door for the Trump Administration to continue its aggressive immigration policy, but the court’s opinion also stated the order can’t take effect for 30 days, which gives time for legal challenges. 

The injunction barring enforcement of the executive order remains in place as to the plaintiffs in these cases, both the named individual plaintiffs, ASAP members and CASA members, as well as residents of the 22 states, including California, that also sued the Administration.

"Mr. Trump’s executive order does not go into effect for 30 days, during which time we will continue to defend the fundamental promise of the Constitution – that every child born on U.S. soil is equal under the law," Salas said. "The final arbiter of this question is not an arch-conservative court in Washington, DC but the mighty arm of justice and history, which are on our side."

"We’ve had enough of the attacks on the lives and liberties of immigrants and their families," Rodríguez said. "We strongly oppose this ruling, and we will never stop fighting for a future of salud, dignidad y justicia for all of us."