The Trump administration has petitioned the Supreme Court to support its birthright citizenship policy, which denies American citizenship to children born to parents who are in the U.S. illegally or temporarily. This appeal, revealed by The Associated Press, initiates a legal process that could result in a definitive ruling by the justices by early summer on the constitutionality of these citizenship restrictions.
Previous court rulings have halted the enforcement of these restrictions nationwide. The administration is not seeking immediate implementation of the policy pending the court’s decision. The petition by the Justice Department has been shared with opposing parties’ attorneys but has not yet been docketed at the Supreme Court.
Solicitor General D. John Sauer argued in the petition that the lower court decisions undermine border security by granting American citizenship to hundreds of thousands of ineligible individuals. On the other side, Cody Wofsy, representing affected children as an ACLU lawyer, firmly stated that the executive order is unconstitutional. He emphasized that the order is illegal, and they will continue to fight against any attempts to strip away a baby’s citizenship.
President Trump signed the executive order in January on the first day of his second term, sparking criticism for potentially contradicting the 14th Amendment of the Constitution, which traditionally grants citizenship to anyone born on U.S. soil. Lower courts have consistently ruled against the order’s constitutionality, despite a Supreme Court decision limiting the use of nationwide injunctions.
The administration is challenging two specific cases, including a ruling by the U.S. Court of Appeals for the 9th Circuit and a federal judge’s decision in New Hampshire. These cases involve concerns over the nationwide implications of birthright citizenship and the interpretation of who is considered “subject to the jurisdiction” of the United States for citizenship purposes.
The ongoing legal battle over birthright citizenship continues as both sides present their arguments, with the Supreme Court expected to provide a final ruling in the coming months.
