The Trump administration has asked the Supreme Court to rule on birthright citizenship

Washington, D.C. — The Trump administration has formally petitioned the U.S. Supreme Court to review its executive order aimed at ending birthright citizenship for children born in the United States to undocumented immigrants and temporary visa holders.

The executive order, signed on January 20, 2025, declares that children born after February 19, 2025, are not automatically granted U.S. citizenship unless their parents are lawful permanent residents or citizens. Federal courts have blocked the order, citing the 14th Amendment, which guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”

Solicitor General D. John Sauer submitted the appeal, arguing that the traditional interpretation of the 14th Amendment has been misapplied and has led to unintended consequences. The administration contends that “subject to the jurisdiction” should exclude individuals whose parents are in the country unlawfully or temporarily.

Legal experts and civil rights organizations have strongly opposed the order, pointing to the 1898 Supreme Court decision in United States v. Wong Kim Ark, which upheld birthright citizenship for children born on U.S. soil regardless of their parents’ immigration status.

If the Supreme Court agrees to hear the case, arguments could begin in its next term starting October 2025, with a decision expected by June 2026.

This case could have far-reaching implications for immigration policy and constitutional interpretation in the United States.