The Trump administration has missed the deadline to ask the U.S. Supreme Court to reconsider its ruling blocking President Donald Trump’s executive order seeking to restrict birthright citizenship.
The Department of Justice did not file a petition for rehearing by Tuesday’s deadline, despite Trump’s earlier statement that he intended to seek another review of the case. The administration had 25 days to request a rehearing after the court’s June decision.
Trump had criticized the ruling and said on July 9 that he would immediately ask the Supreme Court to revisit the decision, describing it as a “miscarriage of justice” that could harm the country.
The case centres on Trump’s attempt to end jus soli, the legal principle that grants U.S. citizenship to most people born on American soil.
The Supreme Court’s decision prevented the administration from enforcing the executive order, which sought to deny automatic citizenship to some children born in the United States.
The Supreme Court has rarely granted rehearings, with the last known instance occurring in 1956 in Reid v. Covert, a landmark case involving the constitutional rights of U.S. citizens overseas.
Also Read: Court rejects Trump’s birthright citizenship bid
Following the missed deadline, Republican lawmakers supporting Trump’s position have shifted their focus toward legislative efforts to change existing citizenship laws.
Their actions follow an opinion from Justice Brett Kavanaugh, who said Trump’s order was not unconstitutional but could not be implemented under current federal law.
On July 9, Rep. John McGuire introduced legislation seeking to amend Section 301(a) of the Immigration and Nationality Act, which currently provides that people born in the United States and subject to its jurisdiction are citizens at birth.
The proposed legislation would change the requirements for acquiring U.S. citizenship by birth, including new standards affecting the citizenship status of children born to certain non-citizen parents.
Sen. Jim Banks also introduced a separate bill on July 13 aimed at codifying Trump’s executive order and limiting the application of birthright citizenship.
“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country,” Banks said in a statement.
The Biden administration and immigration advocates have defended birthright citizenship as a constitutional right protected by the 14th Amendment, while Trump and his supporters argue that the policy has been exploited through illegal immigration.
The Hill
