Supreme Court to Consider Trump Administration's Birthright Citizenship Appeal

Fri Oct 03 2025 08:42:29 GMT+0300 (Eastern European Summer Time)

The Trump administration is seeking a Supreme Court ruling on controversial restrictions regarding birthright citizenship for children born to undocumented immigrants, raising constitutional questions and eliciting strong responses from civil rights advocates.

The Trump administration has filed a petition with the Supreme Court to uphold an executive order that would redefine birthright citizenship norms, stating that children born in the U.S. to undocumented parents are not automatically U.S. citizens. This move raises significant constitutional concerns, with lower courts previously blocking the order. The case could result in a landmark ruling as justices are expected to hear arguments in coming months.

WASHINGTON – The Trump administration is taking its fight over birthright citizenship to the Supreme Court, seeking to uphold an executive order asserting that children born in the United States to undocumented immigrants do not automatically receive U.S. citizenship. The appeal, which could lead to a significant ruling from the Court by early summer, comes after lower courts have consistently blocked the order from taking effect.

Solicitor General D. John Sauer stated in the petition that the lower court decisions undermine national border security and grant citizenship rights to individuals without lawful justification. The administration is not urging the Supreme Court to enforce the restrictions until it reaches a decision, which likely won’t occur for several months.

The potential ruling carries considerable implications, as it challenges interpretations rooted in the 14th Amendment of the U.S. Constitution. Civil liberties advocates, including the American Civil Liberties Union, argue that the executive order is unconstitutional and detrimental to the rights of children born in the U.S.

Cody Wofsy, a lawyer from the ACLU, emphasized that despite the administration's attempts to reinforce the citizenship restrictions, the executive order is fundamentally illegal. He remarked, ‘no amount of maneuvering from the administration is going to change that.’

Historically, the notion of birthright citizenship has been widely accepted since the 14th Amendment was ratified following the Civil War, designed to guarantee citizenship to all individuals born on American soil, with few exceptions for children of foreign diplomats.

With the Supreme Court's docket still pending, the justices will have the opportunity to review the constitutional validity of both the president's directive and previous lower court findings that deemed the attempts to restrict citizenship likely unconstitutional.

The implications of a ruling in favor or against the administration could redefine citizenship rights and impact millions of potential American citizens born within U.S. borders.