Trump Administration Asks Supreme Court to Uphold Birthright Citizenship Restrictions

The Trump administration has formally petitioned the Supreme Court to allow its controversial executive order restricting birthright citizenship to take effect. This significant legal maneuver escalates a national debate over the interpretation of the 14th Amendment, which has historically been understood to grant citizenship to nearly all individuals born on U.S. soil.

The executive order, signed by President Donald Trump on the first day of his second term, aims to declare children born in the United States to parents who are undocumented or temporarily present as non-citizens. This policy has faced immediate and widespread legal challenges, with lower federal courts consistently blocking its implementation. Judges have cited the policy’s likely unconstitutionality, ruling in both state-led and class-action lawsuits that the order violates the 14th Amendment’s citizenship clause.

Solicitor General D. John Sauer, representing the administration, argued in the petition that lower court decisions “undermine our border security” and “confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.” Conversely, civil liberties advocates, including Cody Wofsy of the American Civil Liberties Union, maintain that the executive order is “plainly unconstitutional” and an illegal attempt to strip citizenship.

While the Supreme Court has previously addressed the scope of nationwide injunctions, it has not yet ruled on the underlying constitutionality of the birthright citizenship order itself. The administration’s appeal now sets in motion a high-stakes process at the nation’s highest court. A decision on whether the Supreme Court will hear the case is anticipated in the coming months, with arguments potentially scheduled for late winter or early spring of next year. A definitive ruling could arrive by early summer, shaping the future of citizenship law in the United States.

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