Trump Admin Seeks Supreme Court Review on Birthright Citizenship Policy

Detected linkable resources in order of appearance:
1. The petitions filed on September 26, 2025 (policy)
2. executive order issued by President Trump that sought to limit birthright citizenship (policy)
3. National Archives’ Constitution resources: https://www.archives.gov/founding-docs/amendments-11-27 (uscis_resource)

I will add up to five .gov links, linking only the first mention of each resource in the article body and preserving all content and formatting.

(UNITED STATES) As of September 30, 2025, the Trump administration has asked the Supreme Court to decide whether its executive order ending birthright citizenship is constitutional, seeking review during the Court’s 2025–26 term after nationwide injunctions halted the policy. The petitions filed on September 26, 2025, press the justices to reverse lower court rulings that found the order unlawful, while the administration argues the Fourteenth Amendment’s Citizenship Clause does not cover children born to temporary visitors or undocumented immigrants.

At the center is a January 20, 2025 executive order issued by President Trump that sought to limit birthright citizenship, which the Fourteenth Amendment guarantees to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Within hours, immigrant rights groups, several states, and major cities sued, and federal judges across the country issued injunctions that blocked enforcement. Those orders remain in place, leaving the policy on hold while appeals proceed.

What the administration is asking the Court

The September 26 petitions urge the Supreme Court to:

1. Grant review in the 2025–26 term.
2. Resolve conflicts among lower courts.
3. Rule that the executive branch can define the scope of the Citizenship Clause by executive order.

The administration frames the order as a measure to ensure citizenship is granted only to those “lawfully entitled to it,” linking the issue to border security and the original purpose of the Fourteenth Amendment after the Civil War. It also leans on the Court’s recent limits on nationwide injunctions.

• On June 27, 2025, the Supreme Court curtailed the use of nationwide injunctions but did not address whether the executive order itself complies with the Constitution.
• The administration now seeks a merits ruling rather than just a procedural change.
• Analysis by VisaVerge.com notes the government wants a definitive answer in the 2025–26 term so agencies and families know whether the birthright rule will change, instead of waiting for additional appeals across circuits.

Legal backdrop and core arguments

Arguments from challengers (opponents of the order)

• Challengers say the order is unconstitutional because the plain text of the Fourteenth Amendment and long-standing precedent cover nearly everyone born on U.S. soil.
• They cite the Supreme Court’s 1898 decision in United States v. Wong Kim Ark, which recognized citizenship at birth for a child born in San Francisco to Chinese parents who were subjects of China and not U.S. citizens.
• Civil rights groups warn that changing that rule by executive order would create a permanent class of people without full rights and would disrupt hospitals, schools, and vital records processes.
• Plaintiffs (cities, states, immigrant rights groups) emphasize the economic and social costs of denying full citizenship to children born within their borders.

Arguments from the administration (supporters of the order)

• The administration contends the phrase “subject to the jurisdiction” was meant to exclude children of certain noncitizens, including those present briefly or without authorization.
• Officials argue the original aim of the Fourteenth Amendment was to confirm citizenship for formerly enslaved people and their children—not to extend birthright citizenship to every child of foreign nationals on U.S. soil.
• They also assert that the political branches deserve deference on matters involving immigration and national security.
• Supporters frame the order as a correction aligning citizenship with lawful presence and the amendment’s “original meaning.”

Stakes and broader concerns

• Civil rights organizations, including the ACLU, say ending birthright citizenship would break a core promise of equal membership and create administrative chaos as officials assess parents’ status to determine a newborn’s citizenship.
• Many legal scholars characterize the administration’s reading of the Fourteenth Amendment as a misinterpretation of history and precedent, citing the reach of Wong Kim Ark as controlling authority.
• Supporters argue the change is necessary for border security and legal clarity about who is “lawfully entitled” to citizenship.

The Fourteenth Amendment’s text is central to both sides’ arguments. For the primary source, see the National Archives’ Constitution resources: National Archives’ Constitution resources: https://www.archives.gov/founding-docs/amendments-11-27.

Procedural timeline and what happens next

• The Supreme Court will first decide whether to grant review of the petitions.
• If review is granted:
  • Briefing would run into early 2026.
  • Oral arguments would likely occur in the first months of 2026.
  • A decision would be expected by late June or early July 2026, unless the Court expedites the schedule.
• If the Court declines to hear the case:
  • The lower court rulings that found the executive order unconstitutional would remain in force.
• For now, nationwide injunctions continue to bar the federal government from enforcing any change to birthright citizenship under the executive order.

Why the administration wants immediate Supreme Court review

• Multiple lawsuits filed by immigrant rights groups, states, and cities produced the nationwide injunctions that halted the policy.
• The administration’s petitions ask the justices to review those injunctions and the underlying judgments now, rather than waiting for each case to move through separate appeals.
• The government argues a prompt Supreme Court ruling would provide clarity for:
  • Federal agencies processing citizenship claims.
  • State vital records offices and local registrars.
  • Families potentially affected by any change in the rule.

Key takeaways

• The dispute centers on whether an executive order can narrow the scope of the Fourteenth Amendment’s Citizenship Clause as applied to births in the United States.
• Both sides rely on historical interpretation and precedent—most notably Wong Kim Ark—to support opposing views.
• The Supreme Court’s decision whether to hear the case will determine whether the issue is resolved at the national level in the 2025–26 term or remains controlled by existing lower-court injunctions.
• If the Court grants review, expect oral arguments in early 2026 and a ruling by late June or early July 2026 unless the timetable is changed.

Supporters say the order aligns citizenship with lawful presence and original intent; opponents warn it would upend settled law and create a class of residents without full rights. The Court’s ruling will determine whether an executive order can narrow birthright citizenship or whether such an action violates the Constitution.