Trump Asks Supreme Court to Resolve Birthright Citizenship Question

The White House filed a series of appeals to the Supreme Court on Thursday, asking the justices to allow President Donald Trump's executive order on birthright citizenship to be implemented in part after several federal judges blocked it from going forward.

Newsweek reached out to the Supreme Court via email for comment.

Why It Matters

The executive order hinges on the Fourteenth Amendment, which, since its adoption in 1868, has granted United States citizenship to those born on American soil.

Trump challenged this in his executive order, saying that "the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not 'subject to the jurisdiction thereof.'"

Since the order was signed, it has been widely expected that the birthright citizenship question would eventually reach the Supreme Court.

What To Know

After Trump's inauguration on January 20, he issued the executive order called "Protecting the Meaning and Value of American Citizenship," in which he said his policy would not recognize U.S. citizenship to those born in the country if their mother "was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident."

Trump's order was almost immediately blocked in lower courts in Maryland, Washington and Massachusetts. In his appeal to the Supreme Court on Thursday, Trump is asking for those blocks to be reversed, according to the Associated Press.

The order was blocked nationwide as of Thursday, as groups and individuals have sued the administration over what they call violations of the 14th Amendment.

"At a minimum, this Court should stay all three pre-liminary injunctions to the extent they prohibit executive agencies from developing and issuing guidance explaining how they would implement the Citizenship Order in the event that it takes effect," the Trump administration said in its request.

What People Are Saying

Trump ally Mike Davis on X, formerly Twitter, on Wednesday: "Under no scenario should children of foreign invaders get birthright citizenship under the Fourteenth Amendment. Illegal immigrants are foreign invaders. And the President of the United States' highest constitutional duty is to repel foreign invaders."

Legal analyst Jeffrey Evan Gold on X reacting to the news on Thursday: "Constitution, what Constitution?"

Former Palm Beach County State Attorney Dave Aronberg told Newsweek when asked if it is common for a president to kick up an executive order to the Supreme Court: "We saw special counsel Jack Smith try this expedited Supreme Court review in Trump's DC criminal case. The Supreme Court essentially said, 'you can't skip the line.' I suspect the Supreme Court will also require President Trump to go through the standard appellate process, as there is no emergency that should lead the high court to intervene at this point."

What Happens Next

It is immediately unknown when the Supreme Court would rule on the emergency applications.

Update 3/13/25, 4:07 p.m. ET: This article was updated with additional information.

Update 3/13/25, 4:55 p.m. ET: This article was updated with comment from Dave Aronberg.