Supreme Court Faces Challenge on Birthright Citizenship Under Trump's Order

Wed Oct 15 2025 11:31:52 GMT+0300 (Eastern European Summer Time)

The Trump administration is pushing for the Supreme Court to affirm a controversial executive order regarding the birthright citizenship of children born to undocumented parents, highlighting tension over immigration policy.

In a significant move, President Trump's administration has filed an appeal with the Supreme Court, aiming to uphold an executive order that negates birthright citizenship for children born to parents in the U.S. illegally. Solicitor General D. John Sauer argued that the lower courts' decisions undermine border security and erroneously grant citizenship to many individuals. Critics, including the ACLU, label the executive order as unconstitutional, invoking debates surrounding the 14th Amendment's provisions.

WASHINGTON (AP) — President Donald Trump’s administration is appealing to the Supreme Court to uphold an executive order that redefines birthright citizenship, asserting that it should not apply to children born to parents residing in the U.S. illegally or temporarily.

The petition, which signals the potential for a landmark ruling, comes after lower courts blocked the implementation of these citizenship restrictions based on constitutional grounds. The administration has stated it does not seek to enforce the restrictions until the Supreme Court assesses the case.

“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 in the appeal. He emphasized that the current judicial rulings unlawfully conferred citizenship on hundreds of thousands.

Legal representation from the American Civil Liberties Union, which advocates for children affected by this policy, categorically dismissed the executive order as illegal, asserting that the administration does not hold the authority to alter the citizenship rights that have been established for over a century by the 14th Amendment.

Trump’s executive measure, signed at the beginning of his second term, aims to modify an understanding that grants citizenship to anyone born on American soil, with limited exceptions for children of diplomats or foreign occupiers. Historically, this right has been critical in ensuring citizenship for all individuals born in the U.S., particularly following the Civil War.

Despite attempts by the administration to assert that children of noncitizens do not fall under U.S. jurisdiction and thus should not be granted citizenship, legal experts argue that previous judicial assessments indicate a strong likelihood of violation against the 14th Amendment.

As the Supreme Court gears up for a decision that could reshape immigration policy, the debate intensifies over what constitutes citizenship and the implications for countless families.