top of page

Trump Asks Supreme Court to End of Birthright Citizenship

  • Writer: paolo bibat
    paolo bibat
  • Mar 14
  • 2 min read

President Donald Trump's administration has petitioned the Supreme Court to permit the implementation of his plan to end birthright citizenship, escalating a contentious legal battle that has been rejected by several lower courts.


ree

In a series of emergency appeals filed, the administration urged the justices to limit the scope of nationwide injunctions that have blocked the controversial policy.


The Trump administration's request does not directly address the constitutionality of the policy but instead seeks to restrict the reach of lower court rulings. If granted, this "modest" request would allow the administration to enforce its executive order against individuals not covered by pending litigation.


The executive order, signed by Trump on his first day back in office on January 20, 2025, aims to deny citizenship to children born in the United States to undocumented immigrants or those on temporary visas. This directive has faced strong opposition, with federal judges in Maryland, Massachusetts, and Washington state issuing injunctions to block its implementation nationwide.


Critics argue that Trump's order violates the 14th Amendment of the Constitution, which has been interpreted for over 150 years to grant citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. A landmark Supreme Court decision in 1898 affirmed this interpretation, and the modern court has not indicated any inclination to revisit this precedent.


The administration contends that previous interpretations of the 14th Amendment were incorrect, arguing that the clause "subject to the jurisdiction" of the United States does not apply to children of undocumented immigrants or temporary visa holders. This argument represents a fringe legal theory that has been widely rejected by legal scholars and lower courts.


As the legal battle intensifies, immigrant rights groups and state attorneys general continue to fight against the implementation of Trump's order. The Supreme Court is expected to set a briefing schedule, requiring a swift response from those challenging the administration's policy.

bottom of page