The U.S. Supreme Court struck down an executive order from President Trump that sought to limit birthright citizenship [1, 2].
The ruling maintains the legal status of children born in the U.S. to undocumented parents, a point of contention for national security advocates who argue the policy encourages illegal immigration.
Morgan Murphy, a national security expert and former Trump White House official, discussed the decision during an interview with Sky News Australia host James Bolt [1, 2]. Murphy said the current policy is a risk to the stability and security of the United States [1, 2].
"This is insane; we are one of the only countries in the world that allows people to come here illegally, have a baby, and that baby is considered an American citizen," Murphy said [1].
Murphy said that the automatic granting of citizenship to children of illegal immigrants undermines existing immigration laws and creates systemic security vulnerabilities [1, 2]. The former official characterized the legal framework as a "boneheaded policy" [1].
Despite the criticism, Murphy said that the legal outcome was not entirely unexpected for those aligned with the Republican party. "It’s a case that most Republicans suspected we would lose," Murphy said [1].
The decision follows a legal challenge to the executive order that aimed to restrict the application of the 14th Amendment regarding birthright citizenship [1, 2]. The court's reversal ensures that the traditional interpretation of citizenship by birth remains the law of the land.
“"It is absolutely boneheaded policy."”
The Supreme Court's decision reinforces the long-standing legal precedent of jus soli, or right of the soil, in the U.S. By striking down the executive order, the court has limited the ability of the presidency to alter citizenship requirements via executive action, ensuring that the 14th Amendment continues to apply regardless of the parents' legal status.
