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Alexander Dolitsky: The Communist Control Act of 1954 and an escape from the Soviet Union

By ALEXANDER DOLITSKY

When the Soviet Union allowed a few Soviet Jews to emigrate after the 1967 Six-Day War in the Middle East, expectations of freer Jewish emigration to Israel became a real possibility.

But they were soon shattered as the 1972 Soviet emigration head tax made emigration very expensive and cumbersome. To emigrate from the Soviet Union, Soviet Jews had to pay a large sum of money for their schooling, including college education, that constitutionally was free in the Soviet Union to all citizens.

In May of 1972, President Richard Nixon and National Security Advisor Henry Kissinger negotiated with the Soviet authorities for the abolishment of the head tax just before the introduction of the Jackson–Vanik amendment to the Trade Act in the United States Congress.

The amendment intended to improve US trade relations with non-market economy countries (mostly Socialist countries with a planned and command economy) that restricted the freedom of Jewish emigration. The amendment was contained in the Trade Act of 1974 which passed Congress and was signed by President Gerald Ford into law on Jan. 3, 1975. I exited the Soviet Union on March 16, 1977 — a day to remember!

Indeed, because of Richard Nixon and Henry Kissinger’s diplomacy, legal emigration from the Soviet Union became a reality for the first time since the eruption of the Socialist October Revolution of 1917. 

Nevertheless, opportunities for Soviet Jews to emigrate were still restricted by the Soviet authorities and troublesome for many Jews, especially for those who had access to military and intelligence information at their workplace. Most applicants for emigration would be fired from their jobs or expelled from universities, then wait in uncertainty for several months until permission to leave the country was granted by Soviet authorities—a nerve-wracking experience.

The Soviet government also mandated a restriction on the amount of assets that could be taken from the country by emigrants. Each emigrant could exchange only 90 rubles for 120.00 dollars (Russian currency was not convertible until 1991), and was allowed to take 200 grams of silver, one golden ring, one golden chain, one camera, one fur coat and hat, and almost everything else in a limited number. All these personal possessions, however, had to be stuffed and carried in two pieces of luggage and one personal bag — like today’s airplane travel limits. 

Some Russian families had accumulated substantial personal property over their lifetime. So, they were converting their possessions into liquid assets (mostly diamonds and antiques), hoping to smuggle those treasures out of the country. Subsequently, many were caught by the customs’ agents at the border’s checkpoint, with a confiscation of the smuggled items and harsh penalties. But a few had better luck. For them, the risk was worth taking.

Leonid Reff, eventually my roommate and friend during the immigration vetting process in Italy prior to entering immigration-seeking countries, had a brilliant idea — to construct a sable fur coat of the enormous size 64. “If I am permitted to take one fur coat, then it will be a huge one,” he kept repeating with pride of his creative solution to the problem.

Leonid was in his late 30s, with a well-proportioned complexion, 5′ 10″ tall, and he was an emotionally balanced individual from Kharkov, an industrial city in northeast Ukraine. In Kharkov, he was a photographer — a lucrative and money-making profession in the former Soviet Union. So, Leonid had total assets of about 50,000 rubles, a large amount of money for the average Soviet at that time; and he had to find a creative way to convert his assets into valuable goods, to be sold later somewhere in the West to get his assets back in this unusual financial transaction. 

Leonid managed to purchase premium-quality sable pelts, hired a skillful tailor and instructed him to construct a fur coat of the gigantic size with all required features—pockets, sleeves, color, etc. Fashion was not under consideration. The tailor was generously rewarded for his services and the coat was completed prior to Leonid’s departure from the Soviet Union. The coat was huge, so Leonid also had to construct a large duffel bag to fit the coat in it.

Both Leonid and his coat successfully left the country in Spring of 1977 and several weeks later arrived in Ostia di Lido, Italy, where he shared an apartment with me at Via di la Sirena 23, apt. 7. Most Jewish immigrants (except for those who petitioned to immigrate to Israel) first arrived and were lodged in Vienna, Austria for several weeks. From there, they were transported by train to Rome and Ostia di Lido, Italy. In Italy, emigrants were vetted by the authorities and then waited for permission to pursue their next destination to immigrant-seeking countries—mostly the U.S.A., Canada, Australia, New Zealand, and West Germany. 

Chicago was Leonid’s ultimate dream. “I will sell my sable fur pelts in Chicago and with its proceeds open a photography business,” Leonid proudly planned. 

About three months from our arrival to Italy, Leonid’s appointments were scheduled with the US Embassy counselor and with the representative from the Hebrew Immigrant Aid Society, a nonprofit organization for sponsoring political refugees to immigrant-seeking countries. Leonid was full of excitement and hope. “What possibly can go wrong?” he speculated. But it did. 

That day, Leonid came from the appointments with American authorities painfully silent, with a pale face and in distress. “They denied me an entrance to the United States,” he revealed to me with a shaking voice. “They don’t allow communist party members a residency in America!” he cried out.

I was surprised and shocked by this revelation. “What? Leo, are you a communist?“ I questioned him with my eyes wide open. “Leo, why? You are a photographer!” I demanded a definitive answer. “Yes, I am,” he confirmed.“ But photography was a shady business in Kharkov. I used my Communist Party ID as a cover, so I would not be suspected of wrongdoing,” he explained.

“Alright, but so what if you are a former member of the Communist Party?” I questioned him calmly. “Well, evidently, there is a law in the United States that forbids communists from other countries from permanent residency in America. They told me it goes back to 1953 or 1954, some kind of Senator McCarthy’s law,” Leo explained, shaking his head in disbelief.

 “Leo, but what is going to happen to you now?” I asked him empathically. “You know, we are in limbo here. We are nobody in Italy!” I gave Leo a look of pained concern for his situation.

“Well, they reassigned me for immigration to Perth, Australia,” Leo answered. “I was told that Australia does not accept immigrants with a history of tuberculosis, mental illness, and some other things. Apparently, in Australia they don’t care much about communists,” continued Leo. “But now I must get rid of the fur coat before my departure from Italy to Australia. There is no need for a sable coat in the Australian desert,” contemplated Leo with a smirk smile.

The next day we were at the tailor’s sewing shop located around the corner from our apartment on Via di la Sirena. Residents of Ostia di Lido were aware that the Russian immigrants needed to liquidate their possessions at any cost prior to departure from Italy, and they would take advantage of the immigrants’ desperation. 

The tailor was a small, stocky, middle-aged Sicilian-looking man with quick gestures. He smelled a deal when he saw us entering the shop with a huge duffel bag. Leo unwrapped the coat and in broken Italian questioned, “Quanto pagherai?”(How much will you pay?) The tailor carefully examined the coat, looked straight at Leo’s eyes, mumbled something in Italian, simultaneously waving his arms in all directions of the compass, and then scribbled on the piece of paper—$500.00. 

Leo stared blankly at the tailor, then his eyes opened wide, and his mouth became an O shape. He slightly leaned toward the tailor and yelled in Russian, “I will burn this bloody coat in your shop before I sell it to you. I paid 40,000 rubles for it and you are offering me $500.00. You slimy spaghetti!” The tailor did not speak Russian, but he understood that Leo’s yelling meant— “No deal!”

Several months later, Leo was granted permission to immigrate to Perth, Australia. He was my roommate in Ostia di Lido for nearly nine months and, ultimately, we became trusted friends, sharing with each other our plans, hopes, dreams, worries and aspirations. 

About two months after Leo’s departure to Australia, I received permission to immigrate to the United States. In America, unfortunately, I lost contact with Leo. Today, I only hope that his immigration to Australia was a great success, and the sable fur coat found its home with deserved owners. 

Leo, wherever you or yours are now. Give me a call. Let’s chat!

Note: The Communist Control Act of 1954, enacted on August 24, 1954, was a United States federal law that aimed to outlaw the Communist Party USA and related organizations. It declared the Communist Party a tool of a conspiracy to overthrow the U.S. government and denied it the rights and privileges afforded to legal political parties. The act also prohibited members of Communist organizations from holding certain representative capacities and created a new category of “Communist-infiltrated organizations.” 

Accordingly, members of the Communist Party after the Act of 1954 are not allowed to immigrate to the United States and become the US permanent residents. Violators of this Act are subjects for deportation from the United States.

Alexander Dolitsky was born and raised in Kiev in the former Soviet Union. He received an M.A. in history from Kiev Pedagogical Institute, Ukraine in 1976; an M.A. in anthropology and archaeology from Brown University in 1983; and enrolled in the Ph.D. program in anthropology at Bryn Mawr College from 1983 to 1985, where he was also lecturer in the Russian Center. In the USSR, he was a social studies teacher for three years and an archaeologist for five years for the Ukrainian Academy of Sciences. In 1978, he settled in the United States. Dolitsky visited Alaska for the first time in 1981, while conducting field research for graduate school at Brown. He then settled first in Sitka in 1985 and then in Juneau in 1986. From 1985 to 1987, he was U.S. Forest Service archaeologist and social scientist. He was an Adjunct Assistant Professor of Russian Studies at the University of Alaska Southeast from 1985 to 1999; Social Studies Instructor at the Alyeska Central School, Alaska Department of Education and Yukon-Koyukuk School District from 1988 to 2006; and Director of the Alaska-Siberia Research Center from 1990 to 2022. From 2006 to 2010, Alexander Dolitsky served as a Delegate of the Russian Federation in the United States for the Russian Compatriots program. He has done 30 field studies in various areas of the former Soviet Union (including Siberia), Central Asia, South America, Eastern Europe and the United States (including Alaska). Dolitsky was a lecturer on the World Discoverer, Spirit of Oceanus, and Clipper Odyssey vessels in the Arctic and Sub-Arctic regions. He was a Project Manager for the WWII Alaska-Siberia Lend Lease Memorial, which was erected in Fairbanks in 2006. Dolitsky has published extensively in the fields of anthropology, history, archaeology and ethnography. His more recent publications include Fairy Tales and Myths of the Bering Strait Chukchi, Ancient Tales of KamchatkaTales and Legends of the Yupik Eskimos of SiberiaOld Russia in Modern America: Living Traditions of the Russian Old Believers in AlaskaAllies in Wartime: The Alaska-Siberia Airway During World War IISpirit of the Siberian Tiger: Folktales of the Russian Far EastLiving Wisdom of the Russian Far East: Tales and Legends from Chukotka and Alaska, and Pipeline to Russia: The Alaska-Siberia Air Route in World War II.

Decades later, military plane recovery efforts continue each June with Operation Colony Glacier

The annual recovery mission at the site of one of the deadliest military aviation accidents in Alaska’s history continued this June, more than 72 years after the crash of a U.S. Air Force C-124 Globemaster II into Mount Gannett. to date 49 of the 52 who perished in that crash have had their remains recovered.

On Nov. 22, 1952, a massive transport aircraft known as “Old Shaky” was flying from McChord Air Force Base in Washington state to Elmendorf Air Force Base near Anchorage when it crashed into the 9,629-foot mountain in the Chugach Range.

The plane was carrying 11 crew members and 41 passengers, including service members from the Air Force, Army, Navy, and Marine Corps. All 52 were killed.

Flying at night and navigating through severe weather with strong winds and heavy cloud cover, the aircraft was off course when it hit the mountain at full speed. A Northwest Orient Airlines pilot reported receiving a final message from the C-124’s pilot: “As long as we have to land, we might as well land here.” The wreckage was quickly buried by snow and avalanches triggered by the impact.

Initial search and rescue operations involved 32 military aircraft and four Coast Guard vessels. On Nov. 28, 1952, Terris Moore of the Fairbanks Civil Air Patrol and Lt. Thomas Sullivan of the 10th Air Rescue Squadron spotted the tail section of the aircraft at about 8,100 feet on what they recorded as Surprise Glacier, south of Mount Gannett. Recovery was deemed impossible due to dangerous conditions and deep snow. The mission was called off within a week, and the wreckage became entombed in the ice.

For decades, the crash site remained hidden within the shifting ice of Colony Glacier, which carried the wreckage some 12 to 14 miles over the years toward Lake George. Some of the wreckage emerged and was discovered on June 9, 2012, when a UH-60 Black Hawk crew from the Alaska National Guard spotted a yellow life raft during a training mission. Investigators confirmed the raft and other debris were from the lost C-124.

Since 2012, Operation Colony Glacier has taken place each summer, with teams from Alaskan Command, Alaska National Guard, U.S. Army Alaska, the 11th Airborne Division, Air Force Mortuary Affairs Operations, and the Armed Forces Medical Examiner System working to recover human remains and personal effects.

The effort is timed for early summer when conditions on the glacier are most stable and before the ice carries wreckage farther downstream or into crevasses.

Items recovered have included personal belongings such as shoes, a flight suit, chess pieces, a 1944 map, 3-cent postage stamps, a Buddha figurine, a 1952 Mass schedule, and a camera.

By 2021, teams had recovered over 460 bags of human remains and nearly 100 bags of personal effects. Glacier movement, estimated at 200 to 300 meters per year, continues to uncover and endanger the remaining material.

By 2019, 40 of the 52 victims had been identified using DNA analysis conducted at Dover Air Force Base. Among those identified were Air Force Staff Sgt. Eugene Costley in 2018, and four other airmen in 2016: Capt. Kenneth Duvall, 2nd Lt. Robert Moon, and Airmen 2nd Class Thomas Condon and Conrad Sprague.

As of June 2025, 49 of the 52 have been positively identified.

Air Force Col. Kevin Heath, Alaskan Command Director of Operations and Col. Jason White, 611th Air Operations Center, deputy commander, follow Capt. Travis Lockwood, Operation Colony Glacier ground commander, during a tour of Colony Glacier, in Alaska, June 12, 2025. Photo credit-Senior Airman Quatasia Carter

This summer’s mission continued the tradition of careful recovery, carried out by personnel from Alaskan Command, the 11th Airborne Division, Alaska National Guard, Air Force Mortuary Affairs Operations, the Armed Forces Medical Examiner System, US Army Alaska, the 673rd Air Base Wing, the 3rd Wing, and Detachment 1 of the 66th Training Squadron.

On June 12, US Air Force Col. Kevin Heath, Director of Operations at Alaskan Command, and Col. Jason White, deputy commander of the 611th Air Operations Center, toured the Colony Glacier site with Capt. Travis Lockwood, Operation Colony Glacier’s ground commander.

Operation Colony Glacier continues to serve as a testament to the military’s enduring commitment to account for its fallen, bringing long-awaited closure to families and honoring those who perished in service.

Big Beautiful SNAP benefits for Alaska?

As Senate Republicans advance their sweeping domestic policy package, dubbed the “Big Beautiful Bill,” Sen. Lisa Murkowski has emerged in her usual role of hostage-taker, leveraging her position to carve out significant concessions for Alaska.

Among the most consequential are a series of exemptions and grants tied to the Supplemental Nutrition Assistance Program (SNAP), aimed at shielding low-income Alaskans from proposed federal cuts to the food program. SNAP benefits are also known as food stamps, a government subsidy program that allows lower-income Americans free access to food on a sliding scale.

The initial draft of the bill called for states to shoulder a bigger share of SNAP funding, which could have cost Alaska billions in federal assistance.

Under the revised language, Alaska is exempt from those cost-sharing provisions, preserving the state’s current level of federal SNAP support.

The exemption was considered critical by Murkowski, who warned her fellow Republicans that the cost-sharing mandate would devastate a state already struggling with food insecurity, rural isolation, and some of the highest grocery prices in the nation.

Congressman Chip Roy of Texas noted that 60% of Alaska SNAP payments are overpayments. “So instead of fixing the problem and paying their fair share, the Alaska Senators are demanding the taxpayers from other states give them a special grant.”

The bill’s expansion of work requirements for SNAP recipients, raising the age threshold to 64 and including parents of school-age children, will not apply to Alaska.

This carve-out follows weeks of behind-the-scenes negotiations, during which Murkowski and fellow Alaska Sen. Dan Sullivan lobbied Senate leadership for state-specific exemptions.

To offset any residual fiscal pressure from the SNAP overhaul, Senate GOP leaders introduced new Alaska-targeted SNAP grants.

These grants, which were not included in earlier drafts, are designed to bolster food security infrastructure and delivery in remote communities.

The grants reportedly materialized after sustained pressure from Alaska’s delegation, who emphasized the state’s unique logistical and demographic challenges in providing food aid.

The bill also includes a 25% increase in federal Medicaid matching funds for Alaska, far above what most states receive, along with tax relief for commercial fishers in Western Alaska, tax breaks for whaling captains, and higher Medicare reimbursement rates for select rural healthcare providers.

Murkowski’s role in shaping the final text has drawn both praise and skepticism, as she routinely engages in holding out for concessions from a narrowly divided Senate, where Republicans need her vote.

Murkowski has not formally endorsed the final bill. In a statement, she said she is continuing to review the legislative text and all associated impacts, and has not committed to a yes vote, despite the favorable revisions.

Big Beautiful Tax Break for whaling captains

In the Big Beautiful Bill being voted on by Senate Republicans, a little-known tax break is poised for a major expansion: It’s the whaling boat captain deduction.

Tucked deep within the 940-page legislation is a provision that would quintuple the existing deduction available to Alaska Native whaling captains.

If passed, the maximum deduction would increase from $10,000 to $50,000, allowing captains to write off a larger share of their expenses associated with traditional, subsistence bowhead whale hunts. The tax deduction provision was first reported by Politico.

Originally added to the tax code in 2004, the deduction applies to recognized whaling captains who are sanctioned by the Alaska Eskimo Whaling Commission. Qualifying captains may deduct costs associated with hunting equipment, fuel, weapons, and the maintenance of boats used during the hunts, activities that are carried out for the benefit of Native communities and considered charitable in nature under the current tax code.

The expanded deduction is among the more unusual tax incentives in federal law and has occasionally drawn criticism and mockery from lawmakers and media alike.

But within many Alaska Native communities, the provision is seen as a small but meaningful recognition of the costs and cultural importance of subsistence whaling.

Lawmakers released the updated text of the bill late Wednesday night, as they prepare to push the comprehensive package to President Donald Trump’s desk by early July.

While the bulk of the legislation centers on broader Republican priorities—such as lowering energy costs and tightening immigration enforcement, the inclusion of the whaling captain provision has been fought for by Sen. Lisa Murkowski and Sen. Dan Sullivan.

A formal cost estimate for the expanded deduction has not yet been released. There are approximately 150 to 160 whaling captains in Alaska, according to the Alaska Eskimo Whaling Commission.

Feds rule that California violated Title IX by allowing males in girls’ sports; funding at risk

The US Department of Education has determined that the state of California violated federal Title IX protections by permitting males to compete in women’s and girls’ sports and to gain access to female-designated locker rooms and bathroom facilities in K-12 public schools.

The findings, released this week by Education Secretary Linda McMahon, follow an investigation into a high-profile incident involving transgender athlete AB Hernandez at the California high school championships. Hernandez’s participation in girls’ events triggered complaints from parents and advocacy groups, who alleged that the inclusion of male-born athletes compromised the fairness of competition and the rights of female students.

According to the Department of Education, California now has 10 days to bring its policies into compliance with Title IX or risk the loss of federal education funding earmarked for the state’s K-12 public school system. The deadline for compliance is July 5.

In its report, the department specified that California must restore all records and awards to any female athletes negatively impacted by the inclusion of biological males in girls’ sports. Additionally, the state is required to submit annual Title IX compliance certifications to ensure ongoing adherence to federal civil rights law.

Missing the deadline could draw enforcement that includes referral to the Department of Justice or the loss of nearly $8 billion in annual federal funding for California’s K-12 schools.

The required actions include:

  • Issuing a notice to all federal funding recipients that Title IX prohibits males from participating in female sports or using female facilities, adopting biology-based definitions of “male” and “female.”
  • Rescinding any guidance allowing male athletes in female sports or spaces.
  • Restoring records, titles, and awards to female athletes displaced by male competitors.
  • Sending personalized apology letters to affected female athletes for the discrimination they faced.

Gov. Gavin Newsom has given no indication that he plans to comply with the federal orders.

Title IX, passed in 1972, prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. The ED’s ruling signals a significant shift in how the federal government may enforce sex-based protections in school athletics amid intensifying national debates over transgender participation.

Alaska Permanent Fund sets another new all-time high, second time this month

The Alaska Permanent Fund, the state’s constitutionally protected savings account built on oil revenues and investments, has hit another record, topping $84.2 billion as of Friday — the second time this month it has set an all-time high.

According to the Alaska Permanent Fund Corporation, the fund closed at $84,249,900,000 on June 27. That’s nearly $1 billion higher than its previous high of $83.3 billion recorded earlier this month, and more than $2 billion above the former record of $82.1 billion set back in December 2021.

The latest milestone comes amid a broad rally on Wall Street. On Friday, the S&P 500 closed at a record 6,173.07, its highest level since February, gaining 0.5% on the day. The Nasdaq Composite also reached a new peak, driven by gains in the tech sector, particularly in artificial intelligence-related stocks. The Dow Jones Industrial Average climbed 432 points, or 1%, posting its best weekly performance in six weeks despite some drag from healthcare sector losses.

The correlation between the booming stock market and the Permanent Fund’s performance is no coincidence. The Fund’s diversified portfolio includes public equities, which rise and fall with market indices like the S&P and Nasdaq. With tech stocks soaring and investor optimism high, the Fund has been a direct beneficiary of Wall Street’s resurgence.

The Alaska Permanent Fund was created by constitutional amendment in 1976, when voters approved setting aside a portion of oil revenues to benefit current and future generations. Specifically, 25% of all mineral lease rentals, royalties, and related income must be deposited into the Fund. The principal is protected and invested to generate returns, while earnings are used for public benefit, including the annual Permanent Fund dividend to eligible Alaskans.

In a state reliant on finite oil and gas resources, the Fund represents a renewable financial engine, ensuring long-term fiscal stability and economic resilience. The fund is widely seen not just as a fiscal tool, but as a cultural symbol of Alaskan self-reliance and stewardship.

With the U.S. economy showing signs of strength and investor confidence on the rise, the Permanent Fund may continue to grow, depending on market conditions and investment performance, as well as market volatility, inflation, and global economic uncertainty, which can quickly reverse gains.

For now, Alaskans can celebrate a new high-water mark in the history of the Fund, one that speaks to the enduring power of saving and investing in boom times.

Dunleavy to lawmakers: Stop the lies, respect the Constitution and separation of powers

Gov. Mike Dunleavy is pushing back hard against what he calls “baseless and reckless insinuations” from certain lawmakers following his veto of Senate Bill 183, a controversial measure that sought to increase legislative power over executive actions. Those certain lawmakers are Democrat Sen. Bill Wielechowski and Sen. Elvi Gray-Jackson, who have made cheap shots at the governor in response to his veto.

Rep. Kevin McCabe wrote about SB 183 and defended the veto of it in a column this week in Must Read Alaska, also raising the concern that it was an affront to the balance of power and was more likely a bill intended to be political targeting of Revenue Commissioner Adam Crum.

In a sharply worded letter sent to members of the Alaska Legislature this week, Dunleavy defended his veto as a necessary stand to preserve the state’s constitutional balance of powers and called out legislators for what he described as an attempt to score political points through unfounded accusations.

“SB 183 presents serious constitutional concerns by overstepping the boundaries that separate the executive and legislative branches,” Dunleavy wrote, adding that Alaska’s founders “were deliberate in establishing a strong executive — one insulated from undue legislative control.”

The bill, which passed with support from lawmakers critical of the administration’s transparency, was framed by its supporters as a move toward better oversight of the Department of Revenue. But Dunleavy rejected that characterization outright, accusing some legislators of pushing “unfounded insinuations and accusations” without evidence.

“Claims or implications that this administration is acting unethically or illegally are unfounded and unsupported by any evidence,” the governor wrote. “Such rhetoric undermines not only the integrity of our institutions, but also the public’s trust in its government.”

Dunleavy said he is open to cooperating with the Legislature and the Legislative Audit Division to improve access to information and data formatting, but warned that he “will not tolerate efforts to politicize the routine functions of government or to weaponize the process for headlines.”

He also challenged lawmakers who believe misconduct has occurred to follow proper legal channels, rather than lobbing accusations in public forums.

“If any member of this body sincerely believes that illegal or unethical actions have occurred, I encourage you to put those allegations in writing and follow proper legal or procedural channels,” the governor stated.

SB 183 has been the subject of controversy, with Democrats in the Legislature seeking to control the way that audit materials are given to the Legislature. Supporters of the veto argue that the bill would have intruded on executive authority and created opportunities for political micromanagement.

Dunleavy called for a return to “productive governance over political theater” and emphasized his desire to work within constitutional bounds to address Alaska’s real challenges.

“Our time and energy must be devoted to solving real problems, not inventing them for some political gain,” he wrote.

Supreme Court limits national injunctions by lower courts, allowing Trump birthright citizenship order to proceed in part

In a landmark 6-3 decision on Friday, the US Supreme Court ruled that federal district courts may not issue nationwide injunctions, a move that allows President Donald Trump’s executive order restricting birthright citizenship to go into effect in some parts of the country.

The ruling is not a final ruling on the constitutionality of Trump’s order, which challenges an interpretation of the 14th Amendment granting automatic citizenship to those born on US soil. Instead, the court curtailed the power of lower federal judges, saying they may only block enforcement of federal policies for plaintiffs directly involved in a lawsuit, not across the entire country.

The case originated from a coalition immigration advocacy groups who challenged Trump’s 2025 executive order that seeks to restrict automatic citizenship for children born in the US to illegal immigrants. Their legal action prompted a liberal federal judge to halt the policy nationwide, a move the high court found to be beyond a single judge’s authority.

Justice Amy Coney Barrett, writing for the majority, strongly rebuked Justice Ketanji Brown Jackson’s dissent, which had argued that the majority ruling “is an existential threat to the rule of law.” Jackson was so furious, she did not even sign her dissent with the usual “I dissent” or “respectfully, I dissent.”

Barrett wrote, “We will not dwell on Justice Jackson’s argument, which is at odds with more than two centuries’ worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.”

The decision means that Trump’s order can now be implemented in areas not covered by the current lawsuits — typically, states run by Democrats, who were part of the lawsuit. The administration must wait 30 days before denying any citizenship claims, giving time for further legal challenges or congressional action.

Justice Sonia Sotomayor, also dissenting, warned the decision could lead to legal chaos and conflicting outcomes across different jurisdictions.

For now, Trump’s birthright citizenship order inches forward, although legal uncertainty remains, and further constitutional challenges are expected by advocacy groups and their legal teams.