Jack Birle says Trump’s birthright citizenship defeat is a win anyway
The Supreme Court recently struck down President Donald Trump’s executive order that aimed to restrict birthright citizenship under the 14th Amendment. This decision reaffirmed the long-established principle that nearly all individuals born on U.S.soil are automatically U.S. citizens. The ruling was a narrow 5-4 majority,suggesting that altering the definition of birthright citizenship may require a constitutional amendment rather than executive action. Trump’s order had sought to limit citizenship for children of illegal or temporary visitors, but the court’s decision emphasizes that changes to this policy are constitutionally complex. Legal analyst Jack Birle noted that, despite this setback, trump has been prosperous in other immigration-related efforts at the Supreme Court. The ruling also strengthened adherence to a 1898 precedent,underscoring the difficulty of changing birthright citizenship through law alone. Birle indicated that this decision could enable the administration to pursue a more aggressive immigration agenda moving forward.
Washington Examiner Supreme Court reporter Jack Birle argued that President Donald Trump’s birthright citizenship defeat is “a win even if it’s not an actual win.”
The Supreme Court struck down Trump’s executive order restricting birthright citizenship under the 14th Amendment on Tuesday. The court ruling reaffirmed the long-standing constitutional principle that nearly all children born on U.S. soil are automatically U.S. citizens.
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“It really seems, from the majority ruling the 5-4 majority, which was a lot tighter than we expected, that you’re probably going to need a constitutional amendment to change what birthright citizenship is under the law,” Birle said Thursday on Newsmax2’s First Edition.
Trump’s executive order included efforts to preserve birthright citizenship for children born in the U.S. with at least one parent who is a citizen or lawful permanent resident, while excluding children born to parents who are both in the country illegally or temporarily.
Birle said the ruling leaves the administration with a few viable options if it hopes to revisit the issue.
“You can try passing the law, but as we’ve seen with the SAVE Act, it’s very hard to get through the Senate with that filibuster, so that could be an option, but the most foolproof way of getting a change on birthright citizenship would be a constitutional amendment,” Birle said.
The decision also reinforced the Supreme Court’s 1898 precedent in the United States v. Wong Kim Ark, making it clear that such a sweeping change cannot be accomplished through executive action alone.
While acknowledging Trump’s defeat, Birle also noted Trump’s success in other efforts regarding immigration, saying, “outside of this birthright citizenship case, he’s been almost perfect at the Supreme Court with immigration this term.”
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Birle suggested that this ruling has strengthened Trump’s ability to pursue a more aggressive immigration agenda.
“I mean, it looks like the president’s going to be able to pursue a pretty aggressive immigration agenda as he has done,” he said.
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