United States President Donald Trump’s administration has formally requested that the Supreme Court uphold his executive order aimed at restricting birthright citizenship for children born in the United States to parents who are in the country illegally or temporarily. The move follows a series of lower court rulings that have blocked the order from taking effect nationwide. The appeal, disclosed to The Associated Press, initiates a legal process that could result in a Supreme Court decision by early summer on the constitutionality of the executive order and its impact on long-established citizenship rights.

Trump signed the executive order on the first day of his second term, challenging more than 125 years of precedent that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, except for children of foreign diplomats and occupying forces. Multiple lower courts have ruled the order unconstitutional or likely so, citing its conflict with the 14th Amendment, which was enacted after the Civil War to ensure citizenship for Black people, including formerly enslaved individuals.

CURRENT LEGAL STATUS AND NEXT STEPS

The Justice Department’s petition, which has been shared with attorneys opposing the order, is not yet listed on the Supreme Court’s docket. The administration is not asking for the restrictions to take effect while the case proceeds. Decisions on whether to accept the case are expected to take months, with arguments likely scheduled for late winter or early spring if the justices agree to hear it. The administration is currently appealing two cases, including a July ruling from the U.S. Court of Appeals for the 9th Circuit in San Francisco and a federal judge’s ruling in New Hampshire, both of which issued injunctions blocking the order to prevent inconsistent application across states.

ARGUMENTS FROM BOTH SIDES

Supporters of the administration’s policy, including Solicitor General D. John Sauer, argue that the order is vital for border security and the integrity of American citizenship. Sauer wrote, “The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security. Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.” The administration contends that children born to noncitizens are not “subject to the jurisdiction” of the United States and should not qualify for citizenship under the 14th Amendment.

OPPOSITION AND ONGOING LEGAL DEBATE

Opponents, including the American Civil Liberties Union (ACLU), maintain that the executive order is plainly unconstitutional and would unjustly strip citizenship from children born in the United States. Cody Wofsy, an ACLU lawyer representing affected children, stated, “Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.” He further added, “This executive order is illegal, full stop, and no amount of manoeuvring from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order.” The continuing litigation underscores the enduring national debate over birthright citizenship and the interpretation of constitutional protections.

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