The Trump administration has appealed to the Supreme Court to support its birthright citizenship order, which states that children born to parents in the U.S. illegally or temporarily are not American citizens. This move, reported by The Associated Press, initiates a process that could result in a definitive ruling by the justices by early summer on the constitutionality of the citizenship restrictions.
Despite lower-court judges blocking the order from taking effect thus far, the Republican administration is not seeking immediate enforcement before a ruling is made. The Justice Department’s petition, penned by Solicitor General D. John Sauer, emphasizes the significance of the policy to border security and argues that granting American citizenship to unqualified individuals is unjustifiable.
Legal challenges against the order are being led by the American Civil Liberties Union lawyer Cody Wofsy, who represents affected children. Wofsy asserts that the administration’s plan is blatantly unconstitutional and vows to protect the citizenship rights of all individuals impacted by the order.
President Trump signed the executive order in January, sparking criticism for potentially overturning over a century of established understanding that the 14th Amendment of the Constitution grants citizenship to all born on American soil, with limited exceptions. Lower courts have consistently ruled against the order, deeming it unconstitutional, despite a Supreme Court decision in June limiting the use of nationwide injunctions.
The administration is currently appealing two cases, including a ruling by the U.S. Court of Appeals for the 9th Circuit and a federal judge’s decision in New Hampshire. The birthright citizenship issue remains contentious, as it automatically confers American citizenship on individuals born in the U.S., a practice challenged by the administration on grounds of jurisdiction.
The ongoing legal battle highlights the clash between Trump’s executive order and constitutional principles, with the Supreme Court expected to weigh in on the matter in the coming months.