WASHINGTON, D.C. — The Donald Trump administration has made a final appeal to the U.S. Supreme Court to validate its executive order that seeks to restrict birthright citizenship. This move sets the stage for a major constitutional showdown over a long-held legal interpretation stemming from the 14th Amendment.
Policy and Legal Challenge
President Trump signed the executive order on his first day back in office on January 20, 2025. The order attempts to end birthright citizenship for children born in the United States whose mothers are either undocumented or on temporary legal visas, and whose fathers are neither U.S. citizens nor lawful permanent residents. This policy is a direct challenge to the nearly 160-year-old interpretation of the 14th Amendment , which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." For decades, this clause has been understood to grant citizenship to virtually everyone born on U.S. soil.
The administration’s appeal follows a series of setbacks in lower federal courts, which have consistently ruled the executive order to be unconstitutional. Twenty-two states, led by Democratic governors, along with various advocacy groups, filed lawsuits arguing the order violates the Constitution. Despite a procedural win at the Supreme Court in June—which limited the ability of lower courts to issue nationwide injunctions—subsequent rulings, including a class-action lawsuit in New Hampshire and a decision by the Ninth Circuit Court of Appeals, have kept the order blocked nationally.
Administration's Rationale and Appeal
U.S. Solicitor General D. John Sauer filed the appeal, urging the Supreme Court justices to revive the policy and issue a definitive ruling on its constitutionality. In the filing, Sauer argued that the lower court decisions "invalidated a policy of prime importance to the President and his Administration in a manner that undermines our border security" and "confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people."
The administration contends that the 14th Amendment's citizenship clause was intended to cover only children of U.S. citizens and lawful permanent residents, a view that differs from prevailing legal precedent.
The Path to the Supreme Court
The Trump administration has asked the high court to hear the case during its new session, which begins in October, hoping for a final judgment by June of next year. The Supreme Court currently holds a 6-3 conservative majority, including three justices appointed by President Trump during his first term, a factor that is widely seen as favorable to the administration's position.
Should the Court agree to hear the case, its decision would not only determine the fate of the executive order but also fundamentally redefine the meaning of American citizenship, a right enshrined in the Constitution since 1868. Attorneys for the challengers, including the ACLU, maintain that the executive order is "illegal—full stop," and they vow to fight to ensure that no child's citizenship is stripped away. The legal battle is now poised for a final, historic resolution at the nation's highest court.
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