Trump Appeals to Supreme Court to Revive Birthright Citizenship Ban

• Trump administration seeks Supreme Court approval to proceed with ending birthright citizenship despite lower court injunctions.
• Federal judges have blocked the policy, citing its unconstitutionality under the 14th Amendment.
• The Supreme Court appeal focuses on limiting injunctions rather than directly challenging the policy’s constitutionality.

President Donald Trump’s administration has filed a series of emergency appeals with the Supreme Court, seeking approval to proceed with plans to end birthright citizenship—despite multiple lower court rulings rejecting the policy.

The administration argues that lower courts have overstepped their authority by imposing nationwide injunctions against the executive order, urging the justices to scale back the impact of these rulings.

A federal judge in January deemed the order “blatantly unconstitutional,” while another in Maryland ruled that it contradicts the U.S.’s long-standing tradition of birthright citizenship. Appeals courts have upheld these injunctions, dismissing the administration’s attempts to overturn them.

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For over 150 years, courts have interpreted the 14th Amendment as granting citizenship to anyone “born or naturalized in the United States,” regardless of their parents’ immigration status. A landmark 1898 Supreme Court decision affirmed this principle, and the modern court has given no indication that it intends to revisit the precedent.

However, some conservative legal scholars argue that the amendment’s requirement that individuals be “subject to the jurisdiction” of the United States excludes children of undocumented immigrants.

Courts in Maryland, Massachusetts, and Washington have blocked the policy’s implementation in response to lawsuits from over 20 states, immigrant rights organizations, and several individual plaintiffs.

Trump’s appeals do not challenge the constitutionality of the policy itself but request a narrowing of the injunctions. If granted, the ruling would allow the administration to enforce the executive order against individuals not directly involved in the current litigation.

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