最高法院将于下个月审理对特朗普关于出生公民权的行政令的挑战。
Supreme Court To Hear Challenge To Trump's Birthright Citizenship Order Next Month

原始链接: https://www.zerohedge.com/political/supreme-court-hear-challenge-trumps-birthright-citizenship-order-next-month

最高法院将于5月15日就特朗普总统限制出生公民权的行政命令进行听证。该命令于1月20日签署,声明在美国出生,母亲非法滞留,且父亲不是公民或合法居民的儿童,不自动获得公民身份。如果母亲的居留身份合法但为临时身份,而父亲缺乏公民身份或居留权,同样适用。 这挑战了第十四修正案的公民条款,该条款授予在美国出生或归化并“受其管辖”的人公民身份。批评人士引用1898年最高法院的案例《美国诉黄锦拱案》,该案肯定了合法居留的中国父母子女的出生公民权。代理总检察长辩称,《黄锦拱案》仅适用于父母永久居住在美国的儿童。最高法院在审理此案期间,维持了下级法院阻止该政策的命令。


原文

Authored by Sam Dorman and Matthew Vadum via The Epoch Times (emphasis ours),

The Supreme Court on April 17 left in place lower court orders blocking President Donald Trump’s policy of limiting birthright citizenship for certain individuals and scheduled oral argument in the case for next month.

The U.S. Supreme Court in Washington on April 3, 2025. Madalina Vasiliu/The Epoch Times

The new order states that the nation’s highest court will hear the case on May 15. No justices dissented from the order.

Trump’s executive order on birthright citizenship, signed on Jan. 20, stated that an individual born in the United States is not “subject to the jurisdiction thereof” if that person’s mother was unlawfully present in the country and the individual’s father was not a U.S. citizen or lawful permanent resident at the time of his or her birth.

It further stated that the privilege of U.S. citizenship does not apply to an individual whose mother’s presence was lawful but temporary and whose father was neither a citizen nor a lawful permanent resident at the time of that individual’s birth.

The order prompted debate over the meaning of the 14th Amendment’s citizenship clause, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Critics of the order have cited the Supreme Court’s landmark 1898 decision in United States v. Wong Kim Ark, in which the court held that the 14th Amendment granted birthright citizenship to a Chinese man whose parents were legally present in the United States.

Quoting the decision, then-Acting Solicitor General Sarah Harris previously told the Supreme Court that the Wong Kim Ark precedent only applied to children whose parents were permanently domiciled in the United States.

This is a developing story and will be updated.

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