TRUMP ADMINISTRATION REQUESTS SUPREME COURT DECIDE ON PRESIDENT’S PLAN TO END BIRTHRIGHT CITIZENSHIP

Sat 27 September 2025:

The US requested Friday that the Supreme Court issue a ruling on the constitutionality of President Donald Trump’s executive order seeking to end automatic birthright citizenship.

Two appeals, originating from cases in Washington state and New Hampshire, are expected to definitively decide whether the controversial proposal can proceed, NBC reported.

It has long been a practice that anyone born on US soil is a citizen, except for children of diplomats, under the 14th Amendment.

The Trump administration argues, however, that it does not apply to children of temporary visitors or those born to individuals who entered the country illegally.

Solicitor General John Sauer described the long-standing interpretation of broad birthright citizenship as a “mistaken view” of the 14th Amendment with harmful consequences.

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The new Supreme Court appeals differ from earlier cases this year, which focused solely on whether federal judges had the authority to impose a nationwide block on the policy during ongoing litigation.

During his first term (2017–2021), President Trump vowed to end it via executive order, calling it an immigration “magnet,” but never acted. In his second term, starting January 20, 2025, he signed Executive Order 14160, “Protecting the Meaning and Value of American Citizenship.” It reinterprets the 14th Amendment to deny citizenship to U.S.-born children if neither parent is a citizen or lawful permanent resident—targeting kids of undocumented immigrants or temporary visa holders (e.g., tourists, students).

Effective for births after February 19, 2025, it directs agencies like DHS and State to enforce this via regulations, potentially denying passports and benefits to ~150,000 newborns annually.

Birthright citizenship, or jus soli (“right of the soil”), is a cornerstone of U.S. law under the 14th Amendment (ratified 1868): “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” Upheld in the 1898 Supreme Court case United States v. Wong Kim Ark, it grants automatic citizenship to nearly anyone born on U.S. soil, regardless of parents’ status—except children of foreign diplomats.

This has been unchallenged for over a century, affecting about 4 million births yearly, including ~300,000 to non-citizen parents.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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