On Thursday, the court issued a notice that oral arguments on the executive order will be heard on May 15. Immediately after Trump signed the executive order in January, the pro-mass migration groups CASA Inc. and Asylum Seeker Advocacy Project sued to block the order.
The order seeks to eliminate the nation’s so-called anchor baby policy where about 250,000 “anchor babies” are born in the U.S. annually to illegal alien parents. These anchor babies are rewarded with birthright American citizenship despite having no legitimate ties to the U.S.
Years later, when the U.S.-born child is considered an adult, they can sponsor their illegal alien parents and foreign relatives for green cards — anchoring their family in the U.S. for generations.
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Border czar Tom Homan recently said the anchor baby policy is a massive driver of illegal immigration to the U.S., as it entices pregnant foreign nationals to cross the southern border in the hopes of securing American citizenship for their child.
“I think the Supreme Court finally needs to answer that question. Now, I’m not a lawyer, but I can read. I don’t think it’s clear that an illegal alien that has a child in this country is automatically a U.S. citizen,” Homan said.
SCOTUS has never explicitly ruled that the U.S.-born children of illegal aliens must be granted birthright citizenship, and many legal scholars dispute the idea.
Many leading conservative scholars argue the Citizenship Clause of the 14th Amendment does not provide mandatory birthright citizenship to the U.S.-born children of illegal aliens or foreign nationals, because these children are not subject to U.S. jurisdiction as that language was understood when the 14th Amendment was ratified.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
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