TBA Law Blog


Posted by: Azya Thornton on Sep 29, 2025

The Trump administration is asking the U.S. Supreme Court to uphold the president's birthright citizenship executive order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens. The appeal, shared with the Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling on whether the citizenship restrictions are constitutional. The administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to citizenship. In a series of decisions, lower courts have struck down the executive order as unconstitutional. Solicitor General D. John Sauer argued the rulings wrongly confer “the privilege of American citizenship on hundreds of thousands of unqualified people,” while opponents, including the American Civil Liberties Union, say the policy violates the Constitution. The case could set up a Supreme Court ruling by early summer.