The U.S. Supreme Court could decide on Friday whether to allow enforcement of Donald Trump’s order limiting birthright citizenship, a move that would end automatic citizenship for many children born on American soil.
The Supreme Court is set to rule on an emergency request by the Trump administration seeking to scale back nationwide injunctions blocking his executive order to restrict birthright citizenship. Federal judges in Maryland, Washington and Massachusetts had stopped the directive, stating it likely violates the U.S. Constitution’s 14th Amendment.
On his first day back in office, Trump signed an executive order instructing federal agencies not to recognise citizenship for children born in the United States unless at least one parent is a U.S. citizen or a lawful permanent resident. This change would deny citizenship to more than 150,000 newborns annually, according to legal challenges led by 22 Democratic state attorneys general and immigrant rights groups.
The administration argues that the 14th Amendment does not grant citizenship to children of undocumented immigrants or to those whose parents are in the country temporarily, such as students and workers on visas. However, plaintiffs cite the amendment’s clear language stating all “persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens.”
The Citizenship Clause was ratified in 1868, following the Civil War, to guarantee citizenship to freed slaves and their children. Trump’s legal team contends it was never intended to apply broadly to children of non-citizens.
During arguments on May 15, U.S. Solicitor General D. John Sauer told justices that Trump’s order reflects the amendment’s original meaning, covering former slaves' children rather than those of illegal migrants or visitors.
The administration also asked the Supreme Court to use this case to limit the power of federal judges to issue nationwide injunctions, arguing that such orders hamper presidential authority. Universal injunctions have blocked various Trump directives in the past, and while presidents from both parties have opposed them, supporters say they remain an effective check on executive overreach.
An 1898 Supreme Court ruling in United States v. Wong Kim Ark established that children born on U.S. soil to non-citizen parents are citizens. The Trump administration claims this precedent applies only to parents with permanent U.S. residence.
Recent polling shows limited public support for ending birthright citizenship. A Reuters/Ipsos poll conducted on June 11-12 found only 24% of Americans support ending it, while 52% oppose. Among Republicans, support was higher at 43%, with 24% opposed. For Democrats, only 5% supported the move.
The Supreme Court currently holds a 6-3 conservative majority. In recent months, it has upheld several of Trump’s immigration policies, including allowing deportations without harm assessments and ending temporary legal status for many migrants. However, it blocked his attempt to deport Venezuelans under an old wartime law, citing due process concerns.
The ruling on birthright citizenship is expected to have significant constitutional implications, potentially reshaping a long-standing interpretation of the 14th Amendment and impacting thousands of families across the United States.
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