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Supreme Court, Trump victory on ius soli and immigration

A conservative majority of US high judges have downgraded the authority of federal judges to trigger nationwide measures, in a case that arose from rejections of the White House bill to outlaw ius soli, the automatic citizenship for those born in the US, even if both parents are not in good standing

Donald Trump

2' min read

2' min read

NEW YORK - From our correspondent. Donald Trump's victory at the Supreme Court in his crusade against immigration and to limit citizenship rights.

The conservative majority of US high judges have downgraded the authority of federal judges to trigger nationwide measures, in a case that arose from rejections of the White House bill to outlaw ius soli, the automatic citizenship for those born in the US, even if both parents are undocumented.

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The Court did not rule on the merits of ius soli, which most experts consider to be enshrined in the Constitution, in the 14th Amendment.

But it concluded, in a ruling drafted by Amy Coney Barrett, that many so-called universal injunctions by lower courts, including some that blocked the administration's moves, 'probably exceed' the authority granted to federal district magistrates.

The fate of the legal rejections suffered by Trump's attempt to cancel ius soli actually remains uncertain: the Supreme Court has indicated that Trump's decree does not take effect for 30 days, potentially giving time for new challenges and decisions that respect the new ruling.

The Court seemed to leave open the possibility of national orders in the face not of individual complaints but of collective actions or actions brought by groups of states.

However, the decision has implications that go far beyond the albeit important dispute over immigration and ius soli. Every year, 255,000 children are born in the US to non-compliant families. Trump declared it a 'monumental success'.

Not for nothing: the White House is engaged in a battle against large swathes of the American judiciary, which it now sees as one of the biggest obstacles to its quest for enhanced presidential and executive powers. And the new limits on nationally valid interventions by individual federal judges may affect all aspects of the president's agenda.

"Federal courts do not exercise general oversight of executive power, they resolve cases and disputes in line with the authority granted to them by Congress".

The majority of the six conservative senior judges was pitted against the minority of the three liberal members of the Court, confirming the ideological split of America's highest constitutional authority on the most controversial issues, overwhelming collegial efforts typical of a distant past and rather reflecting the polarisation of the entire country.

The tone of dissent brought to light the harshness of the debate: Sonia Sotomayor, on behalf of the minority, accused the majority of offering the government 'an open invitation to circumvent the Constitution. It can now implement policies that violate recognised legal rights and precedents, and the courts will not be able to fully stop these actions'.

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