Trump Urges Supreme Court to Allow Implementation of Birthright Citizenship Order
The Trump administration has asked the U.S. Supreme Court to narrow the scope of three nationwide injunctions that block President Donald Trump’s executive order redefining birthright citizenship. This request marks the first time the administration has sought the high court’s intervention on the issue.
Acting Solicitor General Sarah Harris argued that universal injunctions compromise the Executive Branch’s ability to carry out its functions. In an emergency request, she urged the Supreme Court to limit the injunctions to only the 18 individual plaintiffs involved in lawsuits filed in Maryland and Washington. The administration is also seeking a full stay of a third lawsuit brought by Democratic attorneys general in Massachusetts.
“These cases raise important constitutional questions with major ramifications for securing the border,” Harris wrote, adding that, at a minimum, the Supreme Court should allow federal agencies to develop guidance on implementing the executive order if it is ultimately upheld.
The order, which has sparked multiple legal challenges, states that the federal government will not recognize or issue citizenship documentation to children born after February 19 if their parents are in the country without proper authorization. It also applies to cases where one parent is in the U.S. on a temporary visa and the other is either a noncitizen or a green card holder.
The administration has already appealed the injunctions in multiple federal courts. The case from Maryland, currently before the 4th Circuit, was brought by two nonprofits representing five pregnant women without legal status. The 1st Circuit is handling the Massachusetts case, which was filed by Democratic attorneys general. Meanwhile, the 9th Circuit is reviewing the Washington state case, which was filed by attorneys general from Arizona, Illinois, Oregon, and Washington.
As the legal battle over birthright citizenship continues, the Supreme Court is now being asked to determine whether the injunctions should be scaled back, allowing the administration to move forward with its efforts to redefine the policy.
