WASHINGTON (AP) — The Trump administration has formally requested the Supreme Court uphold its executive order on birthright citizenship, which asserts that children of parents unlawfully in the U.S. are not American citizens. This appeal signals a potential ruling from the justices by early summer concerning the constitutionality of the proposed restrictions.
So far, lower courts have consistently blocked the implementation of these regulations, citing their likely unconstitutionality. The administration's petition to the court does not seek to enact the order while awaiting a ruling.
Solicitor General D. John Sauer emphasized the order's importance to the administration and national security in a statement, claiming that the lower courts' decisions unjustly grant citizenship to many who are not eligible.
ACLU attorney Cody Wofsy, representing affected children, firmly denounced the order as unconstitutional, asserting that it undermines the foundational principle of citizenship outlined in the 14th Amendment.
Trump's executive order challenges over 125 years of established interpretations that all individuals born on U.S. soil are granted citizenship, with narrow exceptions. Numerous lower courts have reiterated that the order violates the constitution, particularly regarding its effects on the rights of children born in America.
The administration's stance is further complicated as they appeal rulings from the U.S. Court of Appeals for the 9th Circuit and a federal judge in New Hampshire, both of which denied the order's enforcement.
Birthright citizenship has long been protected in the U.S. by the 14th Amendment, ensuring all persons born in the country are granted citizenship rights, including offspring of undocumented immigrants.
