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Trump officials ask Supreme Court to uphold ban on birthright citizenship

September 27, 2025

The Trump administration has appealed to the Supreme Court to uphold its executive order ending birthright citizenship for children of migrants who are in the US illegally or on temporary visas. Lower courts have blocked the order, which was signed in January, arguing it violates the 14th Amendment that grants citizenship to those born in the United States. The Justice Department contends the constitutional language "subject to the jurisdiction thereof" excludes children of people not legally or permanently in the country, and has asked the Supreme Court to resolve the case in its term beginning October 6.

Who is affected

  • Children born in the US to unauthorized immigrants or those on temporary visas
  • Approximately 250,000 babies born to unauthorized immigrant parents in 2016
  • 1.2 million US citizens born to unauthorized immigrant parents (as of 2022)
  • Immigrant families who could potentially be separated
  • The potential 4.7 million unauthorized immigrants by 2050 if birthright citizenship ends

What action is being taken

  • The Justice Department is filing an appeal to the Supreme Court
  • Multiple district courts are maintaining judicial injunctions blocking the executive order
  • The Supreme Court is being asked to take up and resolve the case in its new term
  • Lower courts are continuing to block the order from taking effect for plaintiffs while lawsuits proceed

Why it matters

  • The issue concerns interpretation of the 14th Amendment to the US Constitution
  • It affects hundreds of thousands of children born to unauthorized immigrants
  • The outcome could potentially increase the number of unauthorized immigrants to 4.7 million by 2050
  • It relates to family separation, as Trump has indicated families should be kept together but deported
  • The case represents a significant policy priority for the Trump administration regarding border security

What's next

  • The Supreme Court will decide whether to take up the case in its new term starting October 6

Read full article from source: BBC

Trump officials ask Supreme Court to uphold ban on birthright citizenship