Supreme Court to Hear Trump Birthright Citizenship Case in May, Keeps Hold On Policy

By Mark Sherman Associated Press
WASHINGTON (AP) — The Supreme Court on Thursday kept in place a nationwide block on former President Donald Trump’s restrictions on birthright citizenship, while agreeing to hear arguments in the case this May.

Trump’s executive order, which seeks to end automatic U.S. citizenship for children born to undocumented immigrants, has been halted by three federal district courts. Appeals courts have allowed those blocks to remain in place.

The administration has asked the high court to let the order take effect in areas not covered by those lawsuits, which will be the focus of arguments set for May 15.

Birthright citizenship, guaranteed under the 14th Amendment, grants automatic citizenship to anyone born on U.S. soil — including the children of undocumented immigrants. That amendment was ratified shortly after the Civil War.

In the executive order, Trump described citizenship as “a priceless and profound gift” and argued that tougher standards are needed. His administration claims that children of noncitizens are not “subject to the jurisdiction” of the U.S., and therefore do not qualify for automatic citizenship.

“I’m so happy the Supreme Court will hear arguments,” Trump said Thursday in the Oval Office. “This case has been so misunderstood,” he added, noting that the 14th Amendment is rooted in post-Civil War history. “If you look at it that way, we would win that case.”

Critics, including states and advocacy groups, argue that Trump’s move undermines long-standing legal interpretations of the Constitution.

“Birthright citizenship cannot be turned on or off at the whims of a single man,” said New Jersey Attorney General Matthew J. Platkin, who leads one of the legal challenges.

Judges have consistently ruled against the Trump administration. The Justice Department argues that no single judge should have the authority to issue nationwide injunctions and instead suggests limiting the block to the plaintiffs involved in each case.

If that argument fails, the administration has asked the court to keep the policy blocked only in the 22 states that are suing. A separate order covering New Hampshire remains unaffected by this case.

As a fallback, the administration has also requested permission to publicly outline its enforcement plans in case the court upholds the policy later.

Though the current appeal does not directly address the order’s constitutionality, legal experts say the justices may struggle to avoid the core issue.

Should the court side with the administration, it could create a fragmented legal landscape where a child’s citizenship depends on the state in which they are born.

Some justices have expressed concern over nationwide injunctions, but the court has never issued a definitive ruling on their use.

A similar argument was made during Trump’s first term when the court ultimately upheld his travel ban from several Muslim-majority countries but avoided ruling on the scope of national injunctions.

The Justice Department contends that broad court orders “thwart the Executive Branch’s crucial policies,” citing national security and border enforcement as areas particularly affected.

The administration faces over 150 lawsuits challenging its aggressive reshaping of federal policy, with judges issuing dozens of rulings to block or delay its agenda.

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