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14th Amendment upheld by Supreme Court; decision applauded

Local immigration attorney says court ruling resolves concerns

US Supreme Court building under dark, stormy sky, reflecting on wet plaza.

US Supreme Court has upheld the 14th Amendment.

(AP Photo/J. Scott Applewhite, File)

BUFFALO, N.Y. (WBEN)......In the wake of Tuesday's ruling by the U.S. Supreme Court upholds the 14th Amendment, Buffalo immigration attorney Gabriella Agonstinelli has some advice for her clients.

"We can rest peaceful," said Agonstinelli, a partner in the Berardi Immigration Law firm. "Birthright citizenship is here to stay."




President Trump, under the cover of his controversial immigration crackdown initiative, wanted to overturn the 14th Amendment, which provides citizenship to anyone born in the U.S. - regardless of that person's parents came to the country illegally and are not citizens.

Agonstinelli said the Supreme Court ruling - backed by a 6-3 count from the justices - is "the final step."

"The Supreme Court decision can't be appealed," Agonstinelli said. "There is no basis for the president to go rogue on this."

Before the ruling, Agonstinelli said she had clients who had certain levels of angst out of fear that ICE agents would come in and detain their children with the intent of deporting them to their parents native country.

"It was a terrifying notion for a lot of my clients," Agonstinelli said.

Trump's immigration crackdown initiatives had already been over ruled by many lower courts.

The 14th Amendment dates back to the immediate post-Civil War days in the 1860s. It was upheld in an 1898 ruling.

Even Hamburg native and Supreme Court Chief Justice John Roberts - often viewed as a conservative - backed the 14th Amendment.

"Children born to parents, regardless of their status, are citizens at birth," Roberts wrote.

Local immigration attorney says court ruling resolves concerns