Preguntas y Respuestas de Inmigración
Argumentos del Gobierno para limitar ciudadanía en EEUU
Jueces de la Corte Suprema de EE.UU. se mostraron escépticos ante los argumentos de la Administración del presidente, Donald Trump, para limitar la ciudadanía por derecho de nacimiento a hijos de padres indocumentados o con visados temporales, en una vista a la que asistió el propio mandatario.
Los magistrados cuestionaron de manera insistente tanto a los abogados del Gobierno, como a los letrados de la Unión de Libertades Civiles Estadounidenses (ACLU), organización que respalda la demanda, que califica de «anti constitucional» la orden ejecutiva con la que Trump busca implementar su controvertida política.
El procurador general, John Sauer, defendió la posición del Gobierno de Trump, insistiendo que los tiempos han cambiado desde la adopción en el siglo XIX de la Enmienda 14, que consagra el derecho a la ciudadanía a los nacidos en el país, y que la medida presidencial quiere luchar contra el llamado » turismo de parto» y la inmigración irregular.
Cuestionamientos de la mayoría conservadora
Según el argumento de la Administración Trump, esta legislación se aprobó tras la guerra civil (1861-1865) para proteger a los «hijos de los esclavos» y no para «quienes se toman vacaciones para obtener la ciudadanía» estadounidense.
«Es un mundo nuevo. Pero la Constitución sigue siendo la misma», replicó a Sauer el presidente del Supremo, el conservador centristra John Roberts.
Otros jueces de la mayoría conservadora como Samuel Alito, Neil Gorsuch y Amy Coney Barrett también presionaron a la Administración sobre la interpretación histórica y los precedentes esgrimidos por Sauer, que a juicio de los magistrados, podrían obrar en contra de los argumentos de la Administración.
Barrett, considerada un voto bisagra, indicó que las salvedades propuestas por Trump a la ciudadanía por derecho de nacimiento no figuran explícitamente en la legislación, algo que secundó otro conservador clave, Brett Kavanaugh, quien advirtió que el Congreso habría modificado el lenguaje en leyes posteriores si hubiera identificado alguna anomalía.
Los jueces también hicieron preguntas incisivas a la abogada de la Unión de Libertades Civiles Estadounidenses (ACLU), Cecillia Wang, defensora del grupo de inmigrantes que presentó la demanda, aunque estas parecieron estar más orientadas a esclarecer cuestiones legales que a atacar la posición de los demandantes.
En junio pasado, la mayoría conservadora de la Corte (6-3) respaldó a Trump en su petición de levantar los bloqueos estatales a su orden, pero no decidió sobre su constitucionalidad. Expertos legales y activistas advierten que una victoria para el republicano sentaría un precedente peligroso para la protección de derechos constitucionales.
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