Supreme Court may decide fate of Trump immigration executive order

In America, We the People are sovereign citizens. Our sovereign power flows from God to us. We give power to our federal and state governments through the loan agreement called the U.S. Constitution.

This is radically different from the Great Britain we escaped from, where the king or queen holds sovereign power and doles out scraps of sovereignty to appease their subjects through documents such as the Magna Carta. As We The People, our most important sovereign power is to control our borders and our people. We have never left this authority to unelected judges. Not in our founding and in the adoption of the Fifth Amendment. Not after the Civil War and the passage of the Fourteenth Amendment. Not in any subsequent Congress. Of course not after the last election. Judges do not have the authority to steal We The People’s sovereign power to control our borders and our people. This includes the very important issue of birthright citizenship.

TRUMP RETURNS TO THE SUPREME COURT AS A NEW ERA BEGINS IN THE BIRTH-TO-CITIZENSHIP BATTLE

The Fourteenth Amendment, enacted after the Civil War to guarantee citizenship to freed slaves and their descendants, requires birthright citizenship for persons subject to the jurisdiction of the United States. This phrase has developed an absurd meaning over the decades, which is incorrect and encourages illegal immigration. Illegal immigrants, such as children of foreign ambassadors or occupying armies, are not subject to the jurisdiction of the United States. Rather, they are foreign citizens subject to the jurisdiction of their home country. For this reason, illegal immigrants cannot serve in the military or government. Instead, they come to the United States and find jobs that are paid secretly, under the table, to avoid detection.

The Supreme Court had previously ruled Elk / Wilkins (1884) that the Fourteenth Amendment birthright of citizenship did not apply to children of American Indians. Congress then passed a law granting them birthright citizenship. Answer this decisive question: If birthright citizenship under the Fourteenth Amendment does not apply to American Indians, in what world would it apply to illegal aliens? It’s definitely not like that.

If illegal immigrants are not subject to the jurisdiction of the United States, there is no point in their children being either. If a child is born in a foreign country to American parents, that child is still an American; for example, many military children are born abroad. Logically, the opposite should also be true.

Olga Urbina and her 9-month-old son Ares Webster attend a protest in front of the Supreme Court over President Donald Trump’s move to end birthright citizenship on May 15, 2025. (Drew Angerer/AFP via Getty Images)

President Trump, who has the same common-sense perspective on this issue, signed an executive order on January 20. The ruling states that children of illegal immigrant mothers and mothers who are here legally temporarily are not eligible for citizenship unless the child’s father is an American citizen or lawful permanent resident. This order does not affect children born here; instead, it only applies to children born 30 days after the order goes into effect.

If birthright citizenship under the Fourteenth Amendment does not apply to American Indians, in what world would it apply to illegal aliens?

The decision has not yet taken effect because many courts immediately banned it. This June, the Supreme Court significantly reduced the issuance of injunctions nationwide. Trump / CASA; but district judges continued to order the executive order on the basis that classes of plaintiffs and states with the same common question (challenging the legality of the decision) could challenge it. The administration sought review by the Supreme Court before any appellate court’s decisions. This filing, known as a petition for pre-judgment certiorari, is rare as the Supreme Court prefers cases to proceed in the normal order. However, the birthright citizenship case is an exceptional case and the Supreme Court must accept the petition.

Side-by-side photo of protesters demonstrating against the Trump administration’s immigration policies and US President Donald Trump signing executive orders at the White House. The Supreme Court will hear oral arguments on Thursday, May 14, in a case involving birthright citizenship in the United States. Photos via Getty Images (Getty Images)

In addition to the legal reasons why President Trump’s order should stand against all odds, there are also important policy issues at stake. Many illegal immigrants want to give birth to children in the United States so that the children can receive the benefits of American citizenship. These illegal aliens will risk their lives in many cases, risking either drowning in the Rio Grande or dying in the sweltering desert. Many illegals pay smugglers to help them cross the border. Many of these smugglers resort to violence and engage in gunfights with Border Patrol agents, endangering the lives of agents, illegal immigrant mothers, and the unborn children of illegal pregnant women. In short, the current birthright citizenship policy encourages illegal immigration and leads to many dangerous border crossings. This unreasonable policy needs to change, and President Trump deserves great credit for trying to do it.

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Leftists have argued in the media and in lawsuits that President Trump’s order is clearly illegal. But the Supreme Court has never addressed the specific question of whether children born to illegal immigrants are eligible for American citizenship. Inside United States / Wong Kim Ark (1898), the Court addressed the issue of whether children born and permanently lawful residents of the United States are citizens. The Court held that such children do so because their status as permanent legal residents indicates their allegiance to the United States (“subject to its jurisdiction”). But President Trump’s executive order has nothing to do with permanent legal residents. The decision concerns illegal persons and those present (for example, those with temporary protection status). Like, Wong Kim Ark It’s irrelevant, and President Trump is not challenging the Supreme Court’s precedent, as the leftists claim. On the contrary, leftist judges are violating We the People’s right to control our borders and our people, which is their most important sovereign power.

Our country has a major illegal immigration crisis. More than ten million, perhaps more than twenty million, illegal people have flooded into the United States thanks to President Biden’s terrible border policy. Biden, Border Czar Kamala Harris, and Homeland Security Secretary Alejandro Mayorkas have spent four shameful years grossly mismanaging our borders, causing an influx of illegal immigrants in cities across the country. Some of these vigilantes targeted Americans and committed murders, rapes, armed robberies, and home invasions.

Other illegal individuals have joined or become members of international terrorist organizations such as Tren de Aragua. Still other illegal individuals earned income by selling drugs, including fentanyl-laced narcotics that have claimed the lives of many Americans. President Trump is laudably trying to fix the Biden border disaster, but lower court judges blocked his reasonable effort to do so. So it’s time for the Supreme Court to step in and uphold President Trump’s order, which restores some sanity to our immigration system. Stealing Us The people’s most important sovereign power to control our borders and our people is the Supreme Court’s red line that the federal judiciary cannot allow to cross.