Former President Donald Trump has taken his fight to restrict automatic U.S. birthright citizenship to the Supreme Court, challenging nationwide injunctions that have blocked his executive order. The Justice Department argued that these injunctions, issued by federal judges in Washington state, Massachusetts, and Maryland, should be narrowed to apply only to the plaintiffs involved. The order, signed on January 20, seeks to deny U.S. citizenship to children born in the country unless at least one parent is a U.S. citizen or lawful permanent resident.
Trump’s order has faced strong legal opposition, with 22 Democratic state attorneys general and immigrant rights advocates filing lawsuits, arguing it violates the 14th Amendment. The amendment guarantees citizenship to anyone born on U.S. soil, a principle upheld in the 1898 Supreme Court case United States v. Wong Kim Ark. Federal judges have ruled against the order, calling it unconstitutional, with Seattle-based Judge John Coughenour stating it disregards the rule of law for political gain.
The Justice Department contends that universal birthright citizenship encourages illegal immigration and “birth tourism,” where non-citizens travel to the U.S. to give birth. The administration has urged the Supreme Court to reconsider the interpretation of the 14th Amendment, asserting that it should not apply to those in the country unlawfully or on temporary visas. The case now awaits a decision from the Supreme Court, which has a 6-3 conservative majority, including three justices appointed by Trump.
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