Trump Administration Appeals to Supreme Court Over Birthright Citizenship Order

The Trump administration has petitioned the Supreme Court to uphold an executive order that denies birthright citizenship to children born in the United States to parents who are in the country illegally or temporarily. This appeal follows multiple lower court rulings that have blocked the order's implementation nationwide.

In January 2025, President Donald Trump signed an executive order aiming to end the automatic granting of U.S. citizenship to children born on American soil to non-citizen parents. The order was set to take effect on February 19, 2025. However, federal judges in Washington, Maryland, and Massachusetts issued nationwide injunctions, preventing the order from being enforced.

The administration's appeal to the Supreme Court seeks to narrow these injunctions, allowing the order to be implemented in jurisdictions not covered by the lawsuits. Acting Solicitor General Sarah Harris argued that the widespread use of nationwide injunctions "transgress constitutional limits on courts’ powers" and "compromise the Executive Branch’s ability to carry out its functions."

Opponents of the executive order contend that it violates the 14th Amendment of the U.S. Constitution, which grants citizenship to all individuals born or naturalized in the United States. Cody Wofsy, an attorney with the American Civil Liberties Union, stated, "This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that."

The Supreme Court has requested responses from the challengers by April 4, 2025. A decision on whether to hear the case is expected in the coming months, with potential arguments taking place in late winter or early spring. The outcome could have significant implications for the interpretation of the 14th Amendment and the future of birthright citizenship in the United States.