Politics

/

ArcaMax

Trump administration takes birthright citizenship to Supreme Court

Michael Macagnone, CQ-Roll Call on

Published in Political News

WASHINGTON — The Trump administration asked the Supreme Court on Thursday to allow it to move forward with an executive order to restrict birthright citizenship, after a series of lower court rulings blocked the policy nationwide.

The Justice Department, in three applications about rulings in Washington, New Jersey and Maryland, asked the justices to limit those rulings only to the people or states who filed them.

And the Justice Department also asked the justices to allow federal agencies to develop and issue guidance explaining how they would implement Trump’s citizenship order “in the event that it takes effect.”

Trump signed the executive order on the first day of his second term after making a campaign promise on the issue. The order purports to define birthright citizenship to exclude children born to people in the United States without legal status or those on temporary visas.

The order has remained on hold since January, when a federal judge in Washington issued the first order barring its enforcement. Since then, multiple district courts have ruled against the order, finding it likely violated the Constitution, federal immigration law and federal administrative law. Multiple appellate courts rebuffed the Trump administration’s appeal of those orders.

In court filings, states and others have said the order could strip citizenship from hundreds of thousands of children each year.

The Trump administration argued that the lower court judges overstepped their bounds. The government said in court filings that a provision in the 14th Amendment requires people to be “subject to the jurisdiction” of the United States to receive birthright citizenship, and that Trump has the power to exclude the children of noncitizens without the need for Congress.

 

“That policy of near-universal birthright citizenship has created strong incentives for illegal immigration. It has led to ‘birth tourism,’ the practice by which expecting mothers travel to the United States to give birth and secure U.S. citizenship for their children,” an administration filing Thursday said.

The DOJ devoted much of the filings to criticizing the rulings by lower courts in recent weeks restricting the administration through nationwide injunctions. The Justice Department filings argued that rulings by single judges that apply nationwide “thwart the rule of law.”

“Since the start of this Administration, district courts have repeatedly issued orders that superintend the internal operations of the Executive Branch by prohibiting the formulation of new policies,” the filing said.

The filing comes after Republicans for years backed efforts to obtain nationwide injunctions against Biden administration policies, including one Trump himself praised. The Trump administration cited some of those same lawsuits Thursday, arguing that states and advocacy groups have abused national injunctions to block policies they do not like.

“Government-by-universal-injunction has persisted long enough, and has reached a fever pitch in recent weeks,” the filing said.

_____


©2025 CQ-Roll Call, Inc., All Rights Reserved. Visit cqrollcall.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Gary McCoy Kirk Walters Monte Wolverton John Cole Christopher Weyant Pat Bagley