Trump asks the Supreme Court to eliminate birthright citizenship for children of immigrants

The President of the United States, Donald Trump, requested the Supreme Court to endorse his executive order that eliminates the right to automatic citizenship for the children of immigrants in an irregular situation or with temporary residency in the country.

The information was reported this Saturday by the Associated Press (AP), which explained that the appeal filed by the Department of Justice kicks off a process that could lead to a final decision from the judges by mid-2026.

The decree, signed by Trump on his first day of the second term, challenges over a century of interpretation of the 14th Amendment of the Constitution, which grants citizenship to anyone born on U.S. soil, with exceptions such as the children of foreign diplomats.

So far, federal courts in different states have blocked the implementation of the measure, considering that it violates the Constitution.

The Ninth Circuit Court of Appeals in San Francisco determined that a nationwide pause was necessary, and a federal judge in New Hampshire issued another ruling in the same vein within a class action lawsuit.

In the submitted brief, Attorney General D. John Sauer argued that judicial decisions have invalidated "a policy of utmost importance to the president and his administration" and that they grant "without legal justification, the privilege of citizenship to hundreds of thousands of unqualified individuals."

Immigrant rights organizations called Trump's attempt unconstitutional.

Cody Wofsy, attorney for the American Civil Liberties Union (ACLU), stated that “this executive order is illegal, period, and there is no maneuver that can change that reality.”

Although the Supreme Court recently limited the use of nationwide judicial suspensions, it has not yet ruled on the constitutionality of this order.

Almost all the courts that have reviewed it have agreed that it violates or likely violates the 14th Amendment, designed after the Civil War to guarantee citizenship to African Americans freed from slavery.

The appeal by the Trump administration encompasses two ongoing cases.

A possible hearing before the Supreme Court judges could take place between next winter and spring, but the decision to accept or reject the case will take several more months.

The intention to eliminate birthright citizenship in the United States has sparked an intense legal battle since President Donald Trump signed the executive order during his second term.

The measure proposes a radical change in the interpretation of the 14th Amendment, which has historically guaranteed this right to all individuals born on U.S. soil, except for some exceptions such as the children of diplomats.

The order was met with immediate demands from civil rights organizations and several states, which successfully obtained court injunctions in various courts.

In the midst of the litigation, the legal battle escalated to various federal levels, with conflicting rulings on the validity of the order.

While some judges questioned the constitutionality of the decree, others allowed certain parts of the government's plan to proceed.

The uncertainty generated an unprecedented cascade of legal and administrative procedures, affecting both immigrant families and state agencies responsible for civil registration.

Meanwhile, the United States Citizenship and Immigration Services (USCIS) has began implementing an internal plan to redefine who qualifies as a citizen at birth.

The document, leaked to the media and analyzed by experts, proposes establishing criteria that exclude children of immigrants in irregular or temporary situations.

Although its implementation depends on the final ruling of the Supreme Court, the draft reveals the intention to retroactively apply new eligibility standards, which could affect thousands of previously issued birth certificates.

Frequently asked questions about Trump's proposal to eliminate birthright citizenship