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Politics

Will Supreme Court Decision Redefine Citizenship? Trump Administration Appeals Birthright Order

Trump asks SCOTUS to review citizenship order. Challenges 14th Amendment, citing “destructive consequences.”

byEditorial Staff

September 26, 2025, 10:39 PM

Executive Summary

The Trump administration has formally requested the Supreme Court to review the constitutionality of President Trump’s executive order aimed at ending birthright citizenship.

The administration argues that the long-standing interpretation of the 14th Amendment, which confers citizenship on those born in the U.S., is “mistaken” and has led to “destructive consequences.”

President Trump’s executive order stipulates that the federal government will not issue documents recognizing U.S. citizenship to children born on American soil if their parents were in the country unlawfully or present legally but temporarily.

The Story So Far

The Trump administration is persistently challenging the widely accepted interpretation of the 14th Amendment’s birthright citizenship clause, arguing it is “mistaken” and leads to “destructive consequences.” This effort, aimed at ending birthright citizenship for children born in the U.S. to parents unlawfully or temporarily present, is considered by the administration as vital for border security. Following consistent blocks by lower courts on President Trump’s executive order, the administration is now seeking a definitive ruling from the Supreme Court to redefine citizenship eligibility.

Why This Matters

The Trump administration’s request for the Supreme Court to review its executive order on birthright citizenship represents a significant challenge to the long-standing interpretation of the 14th Amendment, potentially leading to a fundamental redefinition of U.S. citizenship. If the Court takes up the case and rules in favor of the administration, it could profoundly alter immigration policy, impact border security, and change the citizenship status for children born on American soil to parents who are undocumented or temporary residents, creating far-reaching legal and societal consequences.

Who Thinks What?

The Trump administration argues that the long-standing interpretation of the 14th Amendment, which confers citizenship on those born in the U.S., is “mistaken” and has led to “destructive consequences,” undermining border security and granting citizenship to “unqualified” individuals.

Lower court decisions have consistently kept President Trump’s executive order on hold, upholding the widely accepted understanding of the 14th Amendment’s Citizenship Clause.

The Trump administration has formally requested the Supreme Court to review the constitutionality of President Trump’s executive order aimed at ending birthright citizenship, marking the second time this year the issue has been brought before the justices. The administration argues that the long-standing interpretation of the 14th Amendment, which confers citizenship on those born in the U.S., is “mistaken” and has led to “destructive consequences.”

The administration’s top appellate attorney stated that lower court decisions have invalidated a policy of prime importance to President Trump and his administration. These decisions, the administration contends, undermine border security and confer citizenship on individuals deemed “unqualified.” CNN reviewed a copy of the appeal filed by the administration.

Previously, the Supreme Court addressed a procedural question regarding the extent of lower courts’ power to halt a policy nationwide. That decision implicitly allowed other types of nationwide blocks to continue, contributing to the ongoing legal challenges.

A series of new rulings have continued to keep President Trump’s policy on hold, prompting the administration to ask the justices to take up these cases to settle the issue definitively. The administration filed appeals in two specific cases that have prevented the implementation of Trump’s policy.

The executive order, signed by President Trump, stipulates that the federal government will not issue documents recognizing U.S. citizenship to children born on American soil if their parents were in the country unlawfully or were present legally but temporarily. This directive challenges the widely accepted understanding of the 14th Amendment’s Citizenship Clause.

Path to Resolution

The administration’s move seeks to definitively resolve the legal challenges surrounding President Trump’s policy, which has been consistently blocked by lower court rulings. This appeal underscores the administration’s persistent efforts to redefine citizenship eligibility within the United States.