In Trump Wants to Define Who is an American. Will Supreme Court Let Him? Steve noted that President Trump’s executive order on birthright citizenship is one of more than 500 policy changes in his second administration that are among the most sweeping immigration restrictions in modern U.S. history. He said the policies are “both a different magnitude and different quality” than the policies advanced in his first administration. But he noted that while presidents have a lot of latitude over who is allowed into the United States, defining who is an American by birth is different. “Historically, all Supreme Courts have been deferential to presidents on immigration because immigration touches on sovereignty and foreign affairs. This involves a clause in the Constitution itself,” he said.
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