Robert Besser
22 Apr 2025, 23:01 GMT+10
WASHINGTON, D.C. The U.S. Supreme Court will hear arguments on May 15 about President Donald Trump's attempt to restrict automatic birthright citizenship.
His executive order says that children born in the U.S. should only get citizenship if at least one parent is a U.S. citizen or legal resident.
Several federal judges blocked the order, saying it likely violates the Constitution. The 14th Amendment, passed in 1868, says anyone born in the U.S. is a citizen. Many groups, including Democratic state attorneys general and immigrant rights advocates, have filed lawsuits against the order.
The Supreme Court has not yet decided whether those judges were right to block the order across the country. Instead, it will listen to arguments before making a decision.
Trump, who signed the order on his first day back in office, called the Supreme Court case "an easy one to win." His administration believes birthright citizenship should not apply to children of undocumented immigrants or temporary visitors.
Opponents say Trump's order is clearly unconstitutional and that it tries to change a long-standing rule that has been confirmed by past court decisions, including a major one from 1898. That ruling said children born in the U.S. to non-citizen parents are citizens.
The Justice Department is also using this case to challenge the use of nationwide injunctions—court orders that block a government policy for everyone, not just for those who filed the lawsuit. Supporters of these injunctions say they help stop presidents from overstepping their powers, while critics say they give too much power to individual judges.
In one of the lawsuits, a judge in Washington state blocked Trump's order and called it "blatantly unconstitutional." A federal appeals court later refused to lift that block.
The legal battle will now move to the Supreme Court, which has a conservative majority. The case could have significant consequences for immigration policy and how courts block presidential actions.
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