The Supreme Court deadline to request a reconsideration on President Trump’s birthright citizenship order passed on Tuesday without a filing from the Department of Justice.
The Trump administration had 25 days to petition the court for a rehearing regarding the president’s attempt to strip the U.S. of jus soli, or right of the soil privileges.
Earlier this month, the president said he would.
“I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY. This miscarriage of justice will destroy America if they don’t change their absolutely insane decision,” Trump wrote on Truth Social on July 9, referring to the ruling.
The Supreme Court hasn’t reheard a case since 1956 in the Reid v. Covert landmark decision.
Instead of pushing for a second round of arguments before the Supreme Court, Republican lawmakers in favor of Trump’s order aiming to strike birthright citizenship have attempted to pass legislation outlined by Justice Brett Kavanaugh.
Kavanaugh, in his opinion last month, wrote that Trump’s order doesn’t violate the Constitution but is illegal under current laws.
On July 9, first-term Rep. John McGuire (R-Va.) moved to introduce legislation that amends 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)), which states that any person born in the United States and subject to its jurisdiction automatically acquires U.S. citizenship at birth.
It also changes standards for expecting parents to alter how a child can qualify for U.S. citizenship.
Republican Sen. Jim Banks (Ind.) introduced legislation to codify Trump’s executive order on July 13.
“The Supreme Court’s birthright citizenship decision was an unprecedented assault on American sovereignty, and we must do whatever it takes to save our country,” Banks said in a statement.
“I’m leading the Citizenship Act to reverse the effects of this consequential ruling and ensure the millions of illegal aliens that invaded our country can’t continue to exploit our immigration system,” he added.