President Donald Trump’s administration has asked the U.S. Supreme Court to allow him to move forward with ending birthright citizenship, using a legal theory that has already been rejected by several lower courts.
In emergency appeals filed on Thursday, the Trump administration argued that lower courts went too far by issuing nationwide orders blocking the policy and asked the Supreme Court to limit the impact of these rulings.
Earlier this year, a federal judge called Trump’s executive order “blatantly unconstitutional” and blocked it. A judge in Maryland also said the plan went against the U.S.’s 250-year history of granting citizenship to those born on American soil.
Appeals courts have already rejected the Trump administration’s requests to pause these rulings, which block his executive order from taking effect.
For over 150 years, courts have understood the 14th Amendment to guarantee citizenship to anyone born in the U.S., no matter their parents’ immigration status. A key Supreme Court decision from 1898 confirmed this view, and the current court has not shown any interest in revisiting it.
However, some conservatives argue that the 14th Amendment’s wording, which grants citizenship to people who are “subject to the jurisdiction” of the U.S., means that children born to undocumented immigrants should not automatically receive citizenship. They claim these immigrants are still under the jurisdiction of their home countries.
Several courts, including in Maryland, Massachusetts, and Washington, have blocked the executive order after more than 20 states, two immigrant rights groups, and seven individuals filed lawsuits.
Trump’s appeal to the Supreme Court does not focus on whether the policy is constitutional but instead asks the Court to limit the effect of the lower court rulings. If the Supreme Court agrees, it could allow the administration to enforce the executive order in certain cases not covered by the ongoing lawsuits.
The Justice Department argued that “universal injunctions” have become too common and said that blocking the executive order nationwide hurts people who are not part of the lawsuit. They also suggested the Court should let the administration issue guidance on how to implement the policy.
Although the appeal is focused on lower court orders blocking the policy, the Justice Department also argued that the long-standing view on birthright citizenship is wrong. They stated that in the 20th century, the executive branch mistakenly adopted the idea that the 14th Amendment granted citizenship to nearly everyone born in the U.S., even children of illegal immigrants, and that this policy encouraged illegal immigration.
The Supreme Court is expected to set a schedule for responses soon, which could mean a quick timeline for those challenging the Trump administration’s policy.
