The Trump administration in an emergency appeal on Thursday asked the US Supreme Court to allow its plan to end birthright citizenship, arguing that lower courts overstepped by blocking the policy.
Federal judges have already ruled that the executive order is unconstitutional, citing America’s long history of granting citizenship by birth. Trump is now pushing for an emergency ruling to enforce his order in limited cases.
In January, a federal judge declared Trump’s executive order “blatantly unconstitutional,” preventing it from taking effect. Another judge in Maryland ruled that the order contradicts over 250 years of American law. Courts in Maryland, Massachusetts, and Washington have all blocked the policy following lawsuits from over 20 states, immigrant rights groups, and individual plaintiffs.
The Justice Department argued that nationwide injunctions have become excessive, preventing the government from enforcing a key immigration policy. It also accused past administrations of wrongly interpreting the Constitution, saying that birthright citizenship was never meant to apply to children of undocumented immigrants or temporary visa holders. The administration believes this has encouraged illegal immigration.
Signed on January 20—his first day back in office—Trump’s executive order aims to end automatic citizenship for children of undocumented immigrants and temporary visa holders. The policy applies to births from February 19 onward and does not affect those already granted citizenship.
According to ANI, Trump’s appeal does not ask the Supreme Court to decide whether the policy itself is constitutional. Instead, his lawyers are making a “modest” request to limit the scope of the lower court injunctions.
The Supreme Court will likely schedule a briefing to hear arguments from those who oppose Trump’s order.