On Friday, the U.S. Supreme Court announced it would consider the Trump administration’s request to partially lift the restrictions on birthright citizenship while ongoing legal challenges play out. This request involves allowing some of the provisions of President Trump’s executive order to go into effect nationwide, despite previous rulings that have blocked its enforcement in several states.
Acting Solicitor General Sarah Harris filed motions asking the justices to reverse the preliminary injunctions imposed by district courts in Washington state, Maryland, and Massachusetts. These injunctions currently prevent the implementation of the executive order, which sought to limit birthright citizenship for children born in the U.S. to parents who are here illegally or temporarily. Rather than requesting the Court to fully uphold the executive order, the administration is asking for a more narrowly tailored approach, allowing the order to take effect in areas outside the three states where it has been blocked.
The Supreme Court, instead of dismissing the appeal, signaled it would take up the matter by ordering responses from states and organizations that have challenged the order. These responses are due by April 4. If the justices rule in favor of the Trump administration, the order could be enforced in states not currently part of the legal challenge.
The crux of the legal battle centers on the interpretation of the 14th Amendment, which grants citizenship to all persons born or naturalized in the United States, as long as they are subject to its jurisdiction. Trump’s executive order aimed to clarify that children born to parents who are in the U.S. unlawfully or temporarily would not automatically be granted citizenship.
Harris has argued that district judges overstepped their authority by issuing nationwide injunctions that prevent the administration from carrying out its executive orders. She called on the Supreme Court to limit these judicial orders, warning that they undermine the constitutional separation of powers. She emphasized that such injunctions restrict the executive branch’s ability to fulfill its constitutional duties, and the Supreme Court should act to ensure that federal policy isn’t continuously held up by local judicial decisions.
If the Court sides with the administration, it would allow the executive order to be implemented more broadly while legal proceedings continue, ensuring the federal government can begin taking action on its immigration and citizenship policies even before a final ruling is made. This could be a significant step in addressing the challenges of illegal immigration and ensuring that the laws of the land are followed.