The President of the United States, Donald Trump, made history this Wednesday by personally attending the oral arguments before the Supreme Court, where one of the most significant cases of his second term is being examined: the executive order aimed at eliminating birthright citizenship for children of immigrants without legal or temporary status.
The presence of the president in the high court -something unprecedented for a sitting president- sets the tone for a day filled with political, legal, and symbolic tensions.
"I'm leaving," Trump had told reporters from the Oval Office, confirming his intention to attend the hearing as U.S. press captured the moment the president left the White House heading to the Supreme Court.
It was scheduled for the hearing to begin at four in the afternoon (local time), as highlighted by the AP. agency.
As of the time this note was written, the outcome of the hearing has not been disclosed, but the president has just posted something on Truth Social that confirms the result may not be what he was hoping for.
"We are the only country in the world stupid enough to allow citizenship by birthright! President DONALD J. TRUMP",
Trump under the scrutiny of the judges
The arrival of the president at the Supreme Court was followed by crowds from the streets of Washington as his motorcade made its way to the courthouse.
Inside, with no cameras allowed, the arguments were presented in the presence of a president who has maintained a tense relationship with the highest judicial body.
Following recent adverse rulings—such as the nullification of his tariffs under emergency powers—Trump has publicly lashed out at the judges, including some appointed by himself.
“I like some of them, others I do not”, he stated on Tuesday, referring to the judges.
Days before the hearing, he also criticized on his platform Truth Social: “Birthright citizenship has nothing to do with wealthy people from China… It’s about the BABIES OF SLAVES!”, he wrote; adding: “Foolish judges and magistrates will not make a country great!”
A key case for millions of families
In the center of the debate is an order signed by Trump on the first day of his new term, which aims to restrict the automatic right to U.S. citizenship for children born in the country whose parents are not citizens or permanent residents.
The measure, which is part of a broad immigration offensive by his administration, has not yet gone into effect because several federal courts have blocked it, deeming it illegal or likely unconstitutional.
Now, the Supreme Court must decide whether a president can reinterpret the 14th Amendment—ratified in 1868—through an executive order.
This constitutional principle has historically maintained that "all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States."
The decision made by the judges, expected for early summer, could redefine one of the pillars of the American legal system and impact more than a quarter of a million babies born each year in the country.
A legal battle with significant political weight
The case also represents a new test of Trump's broad executive power claims, which have challenged established legal precedents.
The administration defends that the traditional interpretation of citizenship is incorrect, arguing that the children of non-citizens are not “subject to the jurisdiction” of the United States.
The Attorney General, D. John Sauer, asked the court to correct what he described as “long-standing persistent misunderstandings about the meaning of the Constitution.”
However, no lower court has supported that thesis.
On the contrary, several decisions have invoked the historic ruling of 1898 in the case of Wong Kim Ark, which recognized citizenship for a child born in the United States to Chinese parents.
From the side of the plaintiffs, the legal director of the American Civil Liberties Union (ACLU), Cecillia Wang, warned: "We have the President of the United States attempting to radically reinterpret the definition of American citizenship."
Reactions and warnings
From the ACLU, its executive director, Anthony D. Romero, emphasized the significance of the moment and downplayed the impact of Trump's presence in the room: “You will see how the ACLU teaches him a lesson about the meaning of the Constitution and birthright citizenship.”
"Any attempt to divert attention from the seriousness and importance of this case will fail. The Supreme Court is empowered to interpret and uphold the Constitution, even under the watchful eye of a sitting president," he added.
A ruling with profound implications
Although Trump has focused his rhetoric on illegal immigration, the order would also impact individuals who legally reside in the United States, such as students or applicants for permanent residency, by requiring parents to prove their status in order for their children to obtain citizenship.
The Supreme Court's decision will not only define the scope of birthright citizenship but also the limits of presidential power in relation to the Constitution.
Much more than just immigration policy is at stake: it is the interpretation of a principle that has defined the legal identity of the United States for over a century.
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