The Supreme Court limits the power of the federal judges. The immigration decree enters into force in part, but the constitutional node remains outside
Legal victory for Donald Trump. The Supreme Court of the United States, with a majority of six to three, has allowed the executive order to limit the ius soli may come into force in some parts of the United States. Attention: the sentence does not deal with the constitutionality of the provision signed by the tenant of the White House, but is aimed at another problem, that of the so -called “universal injunctions”.
“The requests do not raise – and therefore the Court does not face – the question if the executive order violates the clause on citizenship or the Nationality Act. The question that the Court must resolve is instead if, pursuant to the Judiciary act Of 1789, the federal courts have the fair authority to issue universal injunctions “, reads the text.” The universal injunctions probably exceed the authority of fairness that Congress has conferred on federal courts. The Court welcomes the requests of the government for a partial suspension of the injunctions reported below, but only to the extent that the injunctions are wider than necessary to provide complete compensation to each actor entitled to act in court “, reads again.
In other words, the majority of the judges limited the extent of the ordinances issued by the lower grade courts on the entire US territory. It must be said that, in American history, the tool of universal injunctions has always been used sparingly. However, the situation has changed in recent years, more or less starting from the first presidency of Trump. Although therefore it did not enter into the merits of the executive order, the sentence represents de facto A victory for the American president. Not only because the decree can partially enter into force but also because a precedent is placed of which the current administration could perhaps benefit in other judicial disputes. Trump himself greeted the sentence as a “great victory”.
We remind you that it ius soliin the United States, is governed by the fourteenth amendment. Which means that, to abolish it, the presidential authority is not enough, but a constitutional modification is required. In this sense, the executive order of Trump does not cash the principle of ius soli but it narrows its interpretation, claiming that it cannot apply to the children of irregular immigrants. In particular, the American president stresses that, according to the fourteenth amendment, “all people born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the state in which they reside”. Well, in the interpretation of the Trump administration, irregular immigrants or temporary visitors cannot be considered subject to US jurisdiction.
