The Trump administration is urging the US Supreme Court to approve restrictions on birthright citizenship, even as legal challenges continue. US President Donald Trump seeks to limit what has long been considered a constitutional right.
Administration Seeks Immediate Action
On March 13, the administration filed an emergency request. It asked the court to allow officials to deny citizenship to children born in the U.S. after February 19 if their parents are in the country illegally.
Since taking office, Trump signed an executive order to enforce this policy. However, judges in Maryland, Massachusetts, and Washington blocked the order. As a result, the policy remains suspended nationwide for now.
Birthright Citizenship and the 14th Amendment
For decades, the 14th Amendment has granted automatic citizenship to anyone born in the United States, including children of undocumented immigrants. This principle was established after the Civil War and remains a core part of U.S. law.
Despite this, Trump and his supporters argue that obtaining citizenship should be more difficult. In his executive order, he referred to it as “a priceless and profound gift.” However, legal experts maintain that the 14th Amendment makes it nearly impossible to revoke birthright citizenship.
Trump’s Long-Standing Opposition
For years, Trump has repeatedly vowed to end birthright citizenship. He has often called it “ridiculous” and falsely claimed that the U.S. is the only country offering this right. In reality, many nations across the Americas grant birthright citizenship.
Consequently, critics warn that eliminating this right could create serious consequences. Millions of people would be forced to prove their nationality, potentially causing legal chaos. Additionally, it could weaken America’s identity as a nation of immigrants.
Highlighting this concern, Alex Nowrasteh, a policy expert at the Cato Institute, cautioned: “Eliminating birthright citizenship could eventually place every single person in America in the precarious position of having to prove American citizenship.”
Millions Could Be Affected
According to a 2019 study by the Migration Policy Institute, at least 5.5 million children under 18 live with at least one undocumented parent. These children represent 7% of all minors in the U.S. However, the vast majority of them are U.S. citizens.
The 14th Amendment’s Legal Debate
The 14th Amendment, ratified in 1868, clearly states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Nevertheless, throughout history, these protections have not always been universal. For example, Native Americans were only granted birthright citizenship in 1924.
Now, Trump and other immigration hardliners argue that the phrase “subject to the jurisdiction thereof” allows the government to deny citizenship to children of undocumented immigrants. However, most legal scholars disagree. They point to Supreme Court rulings that affirm birthright citizenship as a settled legal principle.
A Battle Over Executive Power
At this point, the Trump administration’s appeal does not seek to overturn birthright citizenship entirely. Instead, it aims to limit the power of federal judges to issue nationwide injunctions, which are often used to block presidential orders.
According to the Justice Department, district courts should not have the authority to suspend policies nationwide. Furthermore, five conservative Supreme Court justices have previously raised concerns about such injunctions. However, the court has never issued a final ruling on this matter.
If the Supreme Court supports the administration’s stance, it could lead to a significant shift in how legal challenges against executive orders unfold. As a result, courts may find it more difficult to block controversial policies in the future.
