The Supreme Court is holding a private conference to consider whether it will review President Donald Trump’s executive order restricting birthright citizenship. The order, signed at the start of Trump’s second term, states that children born in the United States to parents who are in the country illegally or temporarily should not be granted American citizenship.
Lower courts have consistently blocked the implementation of this policy, finding it unconstitutional or likely unconstitutional under the 14th Amendment. As a result, the restrictions have not been enforced anywhere in the country.
If the Supreme Court agrees to hear Trump’s appeal, arguments would take place in the spring and a decision could come by early summer. This case marks the first time one of Trump’s immigration policies has reached the court for a final ruling.
Trump’s administration has pursued several other measures as part of its broader immigration agenda. These include increased enforcement actions in various cities and invoking the Alien Enemies Act from the 18th century during peacetime for rapid deportations. However, these efforts have also faced legal challenges and mixed responses from courts. For example, while justices halted use of the Alien Enemies Act for quick deportation of alleged Venezuelan gang members without hearings, they allowed certain immigration stops to resume in Los Angeles after lower courts had blocked them due to concerns about racial profiling.
Another issue before the Supreme Court involves an emergency appeal by Trump’s administration seeking permission to deploy National Guard troops for immigration enforcement in Chicago—a move currently blocked by a lower court.
Birthright citizenship is rooted in more than 125 years of constitutional interpretation following adoption of the 14th Amendment after the Civil War. The amendment guarantees citizenship to anyone born on U.S. soil except children of foreign diplomats or occupying forces.
In July, two significant rulings further blocked Trump’s order: The U.S. Court of Appeals for the 9th Circuit supported a nationwide injunction sought by several states, citing potential problems if birthright citizenship rules varied across states; meanwhile, a federal judge in New Hampshire issued an injunction covering all affected children through a class-action lawsuit.
The American Civil Liberties Union (ACLU), representing plaintiffs in New Hampshire, called on justices to reject Trump’s appeal because “arguments are so flimsy,” according to ACLU lawyer Cody Wofsy. “But if the court decides to hear the case, we’re more than ready to take Trump on and win.”
The administration argues that children born to noncitizens are not “subject to the jurisdiction” of U.S. law and therefore do not qualify for automatic citizenship under current interpretations.
A decision from justices on whether they will take up this case could come as soon as Monday.
