A Supreme Court ruling expected this week on President Donald Trump's order to end birthright citizenship could have consequences for immigrant families in the North State, according to a University of Virginia legal expert.
The order would deny automatic citizenship to some children born in the U.S. if their parents are undocumented or on temporary visas.
Amanda Frost, a law professor at the University of Virginia who specializes in immigration and citizenship law, told NSPR the order is written to apply only to future births. But she said the legal argument behind it could have broader implications.
"If the Trump administration were correct that children born to undocumented immigrants and temporary immigrants are not citizens, then how can the State Department give a passport or acknowledge someone’s citizenship, even if that person was born before the executive order goes into effect?” Frost said. “It's an on-off rule.”
Frost said families could be required to prove a parent's immigration status when applying for documents such as passports or Social Security numbers for their children.
She also said she doubts the Trump administration could realistically deport every year all babies born in the U.S. to mothers who were unauthorized immigrants or had temporary legal status.. Instead, she said there are concerns that the policy could be enforced selectively.
"They could pick and choose,” Frost said. “They can do it when they want to. They could decide somebody doesn't look like someone they want to stay in the United States, and they want to hassle that family. It gives the government enormous power over individuals, particularly those having children.”
The Supreme Court could issue its ruling as soon as Tuesday morning.
