President Donald Trump speaks in the Oval Office of the White House, Friday, Sept. 5, 2025, in Washington. (AP Photo/Alex Brandon)
On Friday, President Donald Trump’s administration formally appealed to the U.S. Supreme Court to decide whether the executive order aimed at ending birthright citizenship for children born in the United States under certain circumstances is constitutional, according to reporting by CNN.
Shortly after taking office, Trump signed an executive order detailing that children born in the U.S. would no longer automatically receive citizenship if neither parent is a U.S. citizen or lawful permanent resident — a major reinterpretation of the “subject to the jurisdiction thereof” clause of the 14th Amendment.
Soon after, multiple lawsuits were filed in federal courts across the country challenging the order. Several federal judges issued preliminary injunctions blocking its enforcement, citing constitutional concerns under the 14th Amendment.
One of the lead challengers was CASA de Maryland, a major immigrant-rights organization that has repeatedly battled Trump policies in court, including over protections for DACA and TPS recipients. CASA argued that the executive order runs directly counter to more than a century of precedent affirming the 14th Amendment’s guarantee of birthright citizenship.
In late June, the Supreme Court ruled 6–3 in Trump v. CASA (consolidated with related cases) that lower courts cannot issue universal injunctions preventing the federal government broadly from enforcing the order while litigation proceeds. Instead, such injunctions must be tailored to the parties in each case. While that decision didn’t directly address whether Trump’s citizenship policy is constitutional, it was a procedural victory for the administration.
In its new appeal, reviewed by CNN, the Justice Department argues that lower-court rulings have undermined the administration’s immigration agenda by granting citizenship to individuals who, in the government’s view, don’t meet the revised legal criteria. The filing claims that courts intervened without legal justification and disrupted border control efforts.
A Supreme Court decision to hear the appeal would bring the case to the constitutional forefront, forcing a definitive ruling on whether the executive branch can curtail birthright citizenship or whether the 14th Amendment’s protections remain immutable.
The post Trump Asks Supreme Court to Decide If He Can End Birthright Citizenship first appeared on Mediaite.
