The Justice Department is asking the Supreme Court to weigh in on the constitutionality of an executive order from President Trump that limits natural citizenship. This request comes after the Court, with its conservative 6-3 majority, recently ruled that judges couldn’t issue a universal injunction to block such orders regarding birthright citizenship across the nation.
However, that decision didn’t address whether Trump’s orders are constitutional. The petition submitted last Friday calls on the judiciary to affirm the president’s interpretation of the 14th Amendment, which traditionally guarantees birthright citizenship.
“Decisions from lower courts have largely undermined key policies of the President, compromising border security. These rulings have granted citizenship to hundreds of thousands of people without proper justification,” the petition argues.
While the specifics of the petition are still being worked out, a copy reviewed by Hill outlined the government’s position.
Trump’s executive order, signed on his first day in office, restricts birthright citizenship for children born on U.S. soil unless at least one parent has permanent legal immigration status. Courts tasked with deciding the constitutionality of these orders have generally found them to violate the 14th Amendment’s guarantees, which have historically had limited exceptions.
This latest move by the Justice Department is the second legal challenge it has brought to the Supreme Court. In late June, the Court lifted several universal injunctions preventing the enforcement of Trump’s executive orders, stating those injunctions had been overly broad.
Still, the Court left room for national injunctions in some cases, allowing for continued resistance against Trump’s policies in various jurisdictions. Since then, plaintiffs have convinced several judges to block the orders, hindering their enforcement.
The administration is pushing for a review of a July decision by a Seattle-based appeals panel that cooperated with state groups to block Trump’s order nationwide. It is also contesting related orders from a New Hampshire judge influenced by a lawsuit from the American Civil Liberties Union.
The Justice Department is hoping for a resolution in this case by next summer, as it plans to file for the Court’s upcoming term. While the Supreme Court has taken on emergency appeals from the Trump administration, it hasn’t resolved larger ongoing challenges against significant policies.
Debating the birthright citizenship order will add another layer to discussions about the legality of Trump’s tariffs and his authority to dismiss independent institutional leaders without cause this fall.
