Title: Trump Requests Supreme Court Review of Birthright Citizenship Order

President Donald Trump’s administration is seeking a review from the U.S. Supreme Court regarding his executive order on birthright citizenship. This order asserts that children born in the United States to parents who are in the country illegally or temporarily are not entitled to American citizenship. The appeal, which has not yet been officially docketed by the Supreme Court, could lead to a ruling by early summer on the constitutionality of these citizenship restrictions.

Lower courts have consistently blocked the enforcement of Trump’s order. The administration is not requesting that the restrictions take effect until the Supreme Court makes a decision. Solicitor General John Sauer emphasized the importance of the order, stating, "The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security. Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people."

The 14th Amendment, ratified after the Civil War, has long been interpreted to grant citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. Trump signed the executive order on his first day in office, aiming to redefine who is considered "subject to the jurisdiction" of the United States. An estimated 255,000 children are born annually in the U.S. to parents without citizenship or permanent legal status, according to research.

Cody Wofsy, a lawyer with the American Civil Liberties Union, criticized the executive order, calling it unconstitutional. He stated, "This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order."

In July, a federal judge in New Hampshire ruled that Trump’s order likely violates the Constitution, blocking its enforcement in a class-action lawsuit that includes all affected children. Additionally, a federal appeals court in the 9th Circuit ruled that a group of states suing over the order needed a nationwide injunction to prevent confusion regarding citizenship rights.

The Supreme Court previously addressed similar issues in the 1898 case U.S. v. Wong Kim Ark, which affirmed that children born in the U.S. to non-citizens are American citizens. The Trump administration argues that there is room within this precedent to exclude children born to temporary visitors and undocumented immigrants from citizenship.

Legal experts warn that a ruling in favor of Trump could have significant implications. Hofstra Law professor James Sample noted, "The reliance interest for all of the people who are already here in the United States to whom birthright citizenship is a cherished right... this would be an earthquake if the Supreme Court were to rule in Trump's favor."

The Supreme Court's decision on whether to take up the case is expected to take months, with arguments likely occurring in late winter or early spring. Until then, the administration is awaiting a definitive judgment on this contentious issue of citizenship rights in the United States.