Trump looks to Supreme Court for assist in ending birthright citizenship

In an emergency appeal filed Thursday, President Donald Trump asked the Supreme Court to intervene to protect his executive order (EO) ending birthright citizenship.

The filing of the emergency appeal came in response to a flurry of lower courts blocking Trump’s EO.

“A federal judge in January described his executive order as ‘blatantly unconstitutional’ and blocked its implementation,” CNN notes. “Days later, a judge in Maryland said that Trump’s plan ‘runs counter to our nation’s 250-year history of citizenship by birth.’”

“Appeals courts have [meanwhile] brushed aside the Trump administration’s request to pause lower court rulings that imposed nationwide injunctions on [his] executive order,” according to CNN.

Appeals court sets up Trump’s birthright citizenship ban for potential SCOTUS fight https://t.co/TFNusiG7zJ

— JaneDoe (@JaneOpines) February 21, 2025

As previously reported, the executive order simply states that a baby born in the United States to parents who either aren’t citizens or lack legal permanent resident status isn’t an American by default.

Conservatives have justified the EO by noting that the 14th Amendment’s guarantee of citizenship only applies to those who are “subject to the jurisdiction” of the United States. Meaning, in other words, that illegal aliens’ kids aren’t eligible for automatic birthright citizenship.

.@RepGrothman explains how the 14th Amendment was NEVER intended to grant birthright citizenship to children of illegal aliens:

“It does not say all persons born in the U.S. become citizens… It did not include anybody who just happened to show up here, have a baby, and move on” pic.twitter.com/vAajnLnRrC

— NumbersUSA (@NumbersUSA) January 22, 2025

In one of its previously filed appeals, the Justice Department also noted that birthright citizenship coincides with a rise in illegal migration.

“During the 20th century, the executive branch adopted the incorrect position that the citizenship clause extended birthright citizenship to almost everyone born in the United States – even children of illegal aliens or temporarily present aliens,” the appeal reads. “That policy of near-universal birthright citizenship has created strong incentives for illegal immigration.”

In the emergency appeal filed Thursday, Acting Solicitor General Sarah Harris asked only that the Supreme Court limit the injunctions placed against the EO to just those states that initially sued to stop the executive order from going into effect.

“These cases — which involve challenges to the president’s January 20, 2025, Executive Order concerning birthright citizenship — raise important constitutional questions with major ramifications for securing the border,” she wrote in the request.

“But at this stage, the government comes to this court with a ‘modest’ request: while the parties litigate weighty merits questions, the court should ‘restrict the scope’ of multiple preliminary injunctions that ‘purpor[t] to cover every person in the country,’ limiting those injunctions to parties actually within the courts’ power,” she added.

Harris also slammed the whole concept of a nationwide injunction.

“District courts have issued more universal injunctions and [temporary restraining orders] during February 2025 alone than through the first three years of the Biden administration,” she wrote. “That sharp rise in universal injunctions stops the executive branch from performing its constitutional functions before any courts fully examine the merits of those actions, and threatens to swamp this court’s emergency docket.”

“This court should declare that enough is enough before district courts’ burgeoning reliance on universal injunctions becomes further entrenched,” she added.

Well its official, the question surrounding BIRTHRIGHT CITIZENSHIP is now at the Supreme Court level.

As of now the Trump Admin is asking that the injunctions against it be removed. pic.twitter.com/iNWUrM9Vck

— America First Insight (@AF_Insight) March 13, 2025

Meanwhile, those who filed the suits against the Trump administration remain stubbornly committed to their cause.

“The president’s executive order is outrageously illegal and cruel, and it should not be applied to a single baby in this country,” ACLU Immigrants’ Rights Project deputy director Cody Wofsy, the lead attorney in one of the cases, told CNN.

“We are going to continue fighting to ensure that no child is denied their citizenship by this executive order,” he added.

Yet an Emerson College poll conducted in January found that a 44.6 percent plurality of voters “strongly” or “somewhat” supported ending birthday citizenship, while only a 36.6 percent minority of voters “strongly” or “somewhat” opposed it.

This support may stem from the fact that the United States is only “one of a handful of countries” that tolerate birthright citizenship.

President @realDonaldTrump is right to end birthright citizenship by executive order on Day One.

We are one of a handful of countries in the world that allows birthright citizenship. In other words, if you’re born in the United States, you’re automatically an American citizen.… pic.twitter.com/lCTrwZPzuz

— Lindsey Graham (@LindseyGrahamSC) December 8, 2024

Senior Staff Writer
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V. Saxena is a staff writer for BizPac Review with a decade of experience as a professional writer, and a lifetime of experience as an avid news junkie. He holds a degree in computer technology from Purdue University.

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