Trump Administration Appeals Supreme Court on Birthright Citizenship Ruling

Tue Oct 21 2025 00:07:58 GMT+0300 (Eastern European Summer Time)

The Trump administration is seeking a Supreme Court ruling on a controversial executive order that declares children born in the U.S. to undocumented parents are not American citizens. This appeal could have significant implications for citizenship laws.

The Trump administration is appealing to the Supreme Court to uphold an executive order aimed at restricting birthright citizenship for children born to parents in the U.S. illegally. This decision, driven by arguments of enhanced border security and legal justification, follows lower court rulings that have blocked the order. Civil liberties advocates argue the order undermines the long-standing constitutional guarantee of citizenship under the 14th Amendment. The Supreme Court's decision could come as early as summer 2025.

WASHINGTON (AP) — President Donald Trump's administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.

The appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.

Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.

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

Any decision on whether to take up the case probably is months away and arguments probably would not take place until the late winter or early spring.

'The lower court's decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,' Solicitor General D. John Sauer wrote. 'Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.'

Cody Wofsy, an ACLU lawyer representing children affected by Trump's restrictions, called the plan unconstitutional, stating, 'This executive order is illegal, full stop... We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order.'

Trump's order challenges over 125 years of understanding that the Constitution’s 14th Amendment grants citizenship to anyone born on American soil, with limited exceptions.

In prior rulings, lower courts have concluded that Trump's order likely violates the 14th Amendment, leading to the current appeal to the Supreme Court, with implications that could affect many children's citizenship rights.