President Trump Pushes High Court to Reinstate Policy Limiting Birthright Citizenship

President Donald Trump has petitioned the Supreme Court to reinstate his controversial policy aimed at ending birthright citizenship for children born in the United States to undocumented immigrants and visitors on short-term visas.
In filings submitted recently, the Solicitor General requested that the Court hear arguments on this matter early next year, potentially leading to a decision by June. If the Court follows this timeline, it would bring the issue into the spotlight ahead of the crucial midterm elections, which are significant for the president’s ongoing agenda.
A favourable ruling would represent a significant win for Trump’s immigration policies, while a defeat would give him grounds to criticise the Court for blocking one of his key initiatives.
Trump moved quickly on this issue by signing an executive order against birthright citizenship on his first day back in office this January. However, the order has yet to be enforced, as multiple federal judges have ruled that it violates the 14th Amendment and established Supreme Court precedent.
The Solicitor General argues that the 14th Amendment’s Citizenship Clause was intended to grant citizenship to former slaves and their descendants, not to children of unauthorised immigrants, birth tourists, or temporary visitors. According to this view, simply being born on U.S. soil is not sufficient for citizenship.
Despite this, district courts have consistently rejected this interpretation, citing widespread legal agreement that nearly all individuals born in the U.S. automatically gain citizenship. The landmark Supreme Court case on the subject affirmed that a child born in the U.S. to foreign parents is entitled to citizenship.
Earlier this year, the administration brought cases to the Supreme Court, primarily seeking to limit lower court judges’ authority to issue nationwide injunctions blocking federal policies. The Court agreed to this in a 6-3 decision but did not rule on the constitutionality of the birthright citizenship policy itself.
Only one federal appeals court—the Ninth Circuit—has ruled on the policy, upholding an injunction against it, while dissenting judges questioned whether the states involved had legal standing but did not defend the policy’s constitutionality. Other appeals courts have yet to rule.
The Supreme Court usually waits for differing appellate decisions before taking up a case, but the administration is pushing for the issue to be heard promptly.
The cases involved include one filed by several states and another brought by an immigrant rights group on behalf of parents. The Solicitor General is urging the Court to address the matter this term or soon after.
The justices are expected to review numerous petitions soon, but the birthright citizenship request may not be formally considered for over a month, as opposing parties have the right to respond before the Court moves forward.