Trump Is Still Fighting to Take Away Birthright Citizenship

Donald Trump isn’t done pushing his controversial plan to end birthright citizenship. Today, his administration officially filed requests with the Supreme Court, asking the justices to weigh in on his executive order that denies automatic U.S. citizenship to children born in the country unless at least one parent is a citizen or lawful resident.

The executive order, signed on Trump’s first day back in office in January 2025, immediately set off a wave of lawsuits. Federal courts across the country quickly blocked the order, saying it conflicted with the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil.

But Trump’s legal team is doubling down. In today’s filing, they argued the lower court rulings were too broad and overstepped by blocking the policy nationwide. The administration insists that the Supreme Court should be the one to decide if Trump has the authority to redefine birthright citizenship through executive action.

This is the second time this year that the justices have been asked to get involved in the issue. Back in June, in Trump v. CASA, Inc., the Supreme Court ruled that federal judges cannot automatically issue sweeping nationwide injunctions blocking presidential policies, unless that’s the only way to provide full relief to the plaintiffs. That ruling sent parts of the birthright citizenship cases back to lower courts but left the constitutional question, whether Trump’s order itself is legal, unanswered.

Now, the administration wants that constitutional fight squarely in front of the Court. If the justices agree to hear the case, the stakes are massive. A ruling in Trump’s favor could effectively undo a core part of the 14th Amendment that has defined American citizenship for over 150 years.