Asian Americans Advancing Justice – AAJC, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, and OCA– Asian Pacific American Advocates Condemn SCOTUS Decision to Limit Courts’ Ability to Address Administration’s Unlawful Executive Orders, Including Attacks to Birthright Citizenship

WASHINGTON, DC – Today, the Supreme Court of the United States (SCOTUS) ruled in Trump v. CASA Inc. to limit the scope of three district courts’ nationwide injunctions against President Trump’s Executive Order that would deny citizenship to children born here to parents who are undocumented or hold temporary visas. The decision means lower courts will have to determine to what extent, if any, the administration’s blatantly unconstitutional executive orders, including the one about birthright citizenship, can go into effect on a case-by-case basis.

The decision took issue with the scope of the interim relief but did not disturb the fact that three District Courts concluded that the executive order is likely unlawful. Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC), Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC), and OCA– Asian Pacific American Advocates (OCA) remain confident that our related litigation will result in a similar determination that the executive order is unconstitutional.

“Let me be clear: this case was never about the merits of the birthright citizenship executive order, it remains unconstitutional” explained John C. Yang, president and executive director of Advancing Justice | AAJC. “Birthright citizenship is a cornerstone of our constitution. The administration knows they have little chance of winning on this issue. Instead, they used the lives of millions of immigrants as a poker chip in an effort to curtail nationwide injunctions, which have been one of the best tools we have to hold this administration accountable for unlawful actions,” Yang said.

With the Administration refusing to challenge the opinions of three different courts on the blatant unconstitutionality of this executive order, the Court today allows them to continue to try to sidestep these three court orders blocking a ban to birthright citizenship. The executive order represents an unprecedented and dangerous overreach of executive authority. It is a fundamental attack on the principles that have defined America for over two centuries.

“While the Supreme Court has narrowed the ability of federal district courts to issue nationwide injunctions, the fight to safeguard constitutional birthright citizenship continues.” said Joanne Lin, Executive Director of WLC. “Make no mistake:  President Trump’s birthright citizenship executive order is unconstitutional, and nothing in today’s Supreme Court decision alters what has been the settled law of the land for over 150 years.  Today’s ruling does not alter the fundamental constitutional guarantee that infants born on U.S. soil are U.S. citizens at birth, with very limited exceptions.  We will continue to litigate our case to ensure that babies born in the U.S. are guaranteed U.S. citizenship, regardless of their parents’ immigration status.” Lin said.

“This decision potentially leaves many families unprotected against the Administration’s unlawful attack on birthright citizenship,” said Thu Nguyen, Executive Director of OCA. “Ever since the landmark case of the U.S. v. Wong Kim Ark, the Asian American community has been at the frontlines of the legal fight to affirm birthright citizenship. Despite this setback, we will not stop,” said Nguyen.

The work of the three organizations in challenging the constitutionality of this order is not done. Litigation filed in the District Court of the District of Columbia is ongoing. They assert that the administration’s efforts to remove birthright citizenship undermine the very foundation of equal protection and due process enshrined in the Fourteenth Amendment. Each has vowed to continue the fight in the courts.

 

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