The United States Supreme Court begins hearings this week on the Restrictions on birthright citizenship imposed by President Donald TrumpThe judges have a way to decide the issue without analyzing whether the decree is constitutional.
Attention is focused on verifying whether Trump's measure respects the 14th Amendment of the Constitution. However, judges could overturn the presidential order based on a violation of a 1940 federal law.
On the first day of his new term, Trump signed an executive order restricting citizenship for children of parents who do not have permanent legal status. The measure is currently suspended by lower court rulings. over a year ago.
Judges from lower courts have stated that the order violates the Citizenship Clause. The constitutional text defines citizens as those born in the U.S. and who are "subject to its jurisdiction."
The Trump administration argues that this term only includes those who owe allegiance to the country. Therefore, children of undocumented immigrants would not automatically be entitled to citizenship.
Decades after the 14th Amendment, Congress passed a law in 1940 that defined citizenship with terms almost identical to those in the Constitution. Legislators maintained this text in a revision made in 1952.
Those challenging the decree argue that even if Trump's order is deemed constitutional, it still violates the 1940 law. This argument offers a technical loophole for judges to avoid a complex constitutional debate.
Chief Justice John Roberts has previously defended the principle of judicial restraint. According to him, if it is not necessary to decide further to resolve a case, it is necessary not to decide further.
The Trump administration refutes this argument. Attorney General D. John Sauer asserts that the 1940 law should be interpreted in accordance with the objective meaning of the Constitution, and not according to the understandings of the time of its creation.
If the court decides that Trump's policy violates only federal law, the executive order will not take effect. However, this would allow Congress to act to repeal or amend the 1940 legislation in the future.
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