Donald Trump birthright citizenship news: President asks Supreme Court justices to uphold restrictions he wants to impose

WASHINGTON — President Donald Trump’s administration is requesting that the Supreme Court endorse his birthright citizenship policy, which asserts that children born in the United States to parents who are there illegally or temporarily do not qualify as American citizens.

The appeal, provided to The Associated Press on Saturday, prompts a high court procedure that could result in a conclusive verdict from the justices by early summer on the constitutionality of the citizenship limitations.

Judges in lower courts have so far prevented the policy from being enforced anywhere. The Republican administration is not requesting that the court allow the restrictions to be implemented prior to their decision.

The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

A decision on whether the case will be taken up is likely months away, with potential arguments not expected until late winter or early spring.

“The lower court’s decisions have struck down a significant policy of the president and his administration in a way that compromises our border security,” wrote Solicitor General D. John Sauer. “These decisions unjustly grant American citizenship privileges to hundreds of thousands of ineligible individuals.”

Cody Wofsy, an attorney from the American Civil Liberties Union who represents the children affected by Trump’s restrictions, stated that the administration’s plan is clearly unconstitutional.

“This executive order is illegal, full stop, and no amount of maneuvering 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,” Wofsy said in an email.

Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.

In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.

While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.

But every lower court that has looked at the issue has concluded that Trump’s order violates or likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.

The administration is appealing two cases.

The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.

Also in July, a federal judge in New Hampshire blocked the citizenship order in a class-action lawsuit including all children who would be affected.

Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers who are in the country illegally, under long-standing rules. The right was enshrined soon after the Civil War in the first sentence of the 14th Amendment.

The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship.

Copyright © 2025 by The Associated Press. All Rights Reserved.

You May Also Like
Tourist accused of hurling rock at endangered Hawaiian monk seal was trying to protect sea turtles, lawyer says

Lawyer Claims Tourist Threw Rock to Safeguard Sea Turtles, Not Harm Hawaiian Monk Seal

A defense attorney representing a tourist from Washington state, who is accused…
6 hauled off in cuffs as Knicks diehards celebrate outside NYC's Madison Square Garden after historic playoff sweep

6 Arrested Amid Jubilant Knicks Fans Celebrating Historic Playoff Sweep at Madison Square Garden

In a whirlwind of excitement and chaos, six individuals found themselves in…
Illegal alien charged with killing 4 young people in wrong-way DUI crash on Oklahoma highway

Tragic Oklahoma Highway Crash: Wrong-Way DUI by Undocumented Driver Claims Four Young Lives

Illegal immigrant truck driver charged in deadly California crash Claudia Cowan reports…
Orange County chemical leak evacuations end as officials say no more danger to public

Orange County Officials Declare End to Evacuations Following Chemical Leak, Ensuring Public Safety

Residents of Southern California can finally breathe a sigh of relief as…
Wife of newly elected Alabama sheriff busted for domestic violence

Shocking Turn of Events: Newly Elected Alabama Sheriff’s Wife Arrested for Domestic Violence

In a surprising turn of events, the wife of Alabama’s newly elected…
Slayings rock quiet town after alleged Tom Selleck catfish targeted woman before couple found dead: friend

Investigation Launched into Murder-Suicide Linked to Alleged Tom Selleck Impersonator Scam

Investigators are shedding new light on a heartbreaking incident involving an elderly…
Long Island driver killed in vicious crash that cuts his car in half

Tragic Collision on Long Island Results in Driver’s Fatality as Vehicle Splits in Two

A tragic accident unfolded on Long Island when a man lost his…
Mamdani admits Ken Griffin ghosted him after viral video -- but doubles down on billionaires like Jeff Bezos paying 'fair share' of taxes

Billionaire Showdown: Mamdani Calls Out Jeff Bezos for Fair Tax Contribution After Ken Griffin’s Silent Treatment

Mayor Zohran Mamdani has reinforced his stance that affluent individuals like Jeff…
Alleged burglary crew that targeted Patrick Mahomes and Travis Kelce homes arrested in Argentina: report

High-Profile Sports Burglary Ring Busted in Argentina: Patrick Mahomes & Travis Kelce Among Victims

Three suspected members of a South American burglary ring, believed to have…
Texas Railroad Commissioner Jim Wright and wife share story of 2017 crash that left her permanently paralyzed

Resilience in Tragedy: Texas Railroad Commissioner Jim Wright’s Journey After Wife’s 2017 Paralysis

Texas Railroad Commissioner Jim Wright emphasizes that his wife, Sherri, is much…
Back of the Yards shooting today: Person in custody after Tilden High School student Pedro Ramirez killed

Breaking: Suspect Arrested in Tragic Back of the Yards Shooting of Tilden High Student Pedro Ramirez

In Chicago, police have detained a person of interest following a tragic…
Back of the Yards shooting today kills 17-year-old boy on street, injures 2 men near South Throop and West 50th streets, CPD says

Tragic Shooting in Back of the Yards: Teenager Loses Life, Two Men Injured Near South Throop and West 50th

CHICAGO (WLS) — On Tuesday, none of the individuals who spoke to…