John, the Supreme Court has once again turned its back on millions of Americans by handing Donald Trump the powers of a king.
Just hours after his inauguration, Trump and his mass deportation czar, Stephen Miller, tried to break a promise that half a million Americans died to secure: birthright citizenship. The idea that every single person born here – no matter who their parents are – deserves the same basic rights and protections.
Of course, Trump’s order was a clear-cut violation of our 14th Amendment – which is why a lower court quickly put a stop to it.
But in response, Trump’s legal team made a shocking claim: each individual person Trump tries to illegally deport would need to bring their own lawsuit – even as his ICE agents are abducting people and keeping them from talking to their lawyers.
In other words, Trump is free to violate millions of people’s constitutional rights, and nothing can stop him until a months or years long Supreme Court battle plays out. And this morning, six justices agreed.
There’s some legal nuances we're skipping over, but that’s the core of what’s at stake here. When a government policy might violate people’s constitutional rights, our courts are supposed to stop it from taking effect until there’s a full and fair hearing.
But now – for the millions of citizens Trump’s executive order targeted, and anyone else he decides to go after – there’s no legal remedy until after the damage is done.
John: this decision does not change that the 14th Amendment is an official, ratified part of our Constitution. And ultimately, courts will rule against Trump’s blatantly unconstitutional attempt to take away citizenship from millions of Americans.
But here’s the reality: this ruling means that any unconstitutional actions by our government – even blatant violations of our most basic rights – will stay in place until a final Supreme Court decision months or even years later.
Real people – regardless of their citizenship or immigration status – will suffer because of this decision. The lives of thousands of Americans will be upended, families will be torn apart, and the Trump Administration will use it to illegally deport thousands of citizens.
Common Cause filed a brief urging the Court to decide the other way in this case because we stand in solidarity with our immigrant neighbors and will fight like hell to ensure that elected officials at every level of government do their part to defend our communities.
If you or anyone you know needs legal assistance related to immigration, please visit the Immigration Legal Resource Center or our partners at CASA, who brought this case.
Thanks for all you do,
The team at Common Cause
P.S. If you’re outraged by today’s ruling – and the threat to our neighbors, our democracy, and our rights that it represents – and plan to protest, make sure you know how to do so safely.
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