The Trump administration has taken its fight against birthright citizenship to the US Supreme Court, filing a series of emergency appeals to overturn nationwide injunctions that have blocked the policy, as reported by CNN. These appeals argue that lower courts have overstepped their authority by halting the executive order’s implementation and request that the Supreme Court limit the scope of these rulings.
Earlier this year, a federal judge ruled Trump’s executive order unconstitutional, preventing its enforcement. Soon after, another judge in Maryland stated that the proposal contradicts the country’s long-standing practice of granting citizenship by birth. Despite the administration’s efforts, multiple appellate courts have refused to lift these nationwide bans.
Legal challenges from more than 20 states, immigrant advocacy groups, and individual plaintiffs have led courts in Maryland, Massachusetts, and Washington to issue rulings preventing the executive order from taking effect. While the administration’s Supreme Court appeals do not directly contest the constitutionality of birthright citizenship, they seek a “modest” request to narrow the reach of these nationwide injunctions. If granted, the ruling would allow Trump’s policy to be enforced against individuals not covered in ongoing lawsuits.
The US Justice Department, in its emergency appeals, criticized the increasing use of universal injunctions since the start of the current administration. The filing argued that such rulings prevent a duly signed executive order from being enforced nationwide, even against individuals who are not involved in the lawsuits. The administration further contended that the executive branch had mistakenly interpreted the citizenship clause in the 20th century, extending birthright citizenship to nearly all individuals born in the US, including children of undocumented immigrants and temporary visa holders. It claimed this policy has incentivized illegal immigration.
Trump’s executive order, one of his first actions as the 47th president, aims to change existing rules by denying automatic citizenship to children of migrants who are either undocumented or on temporary visas. The order applies to those born on or after February 19 and does not have retroactive effects.
The proposed policy could significantly impact the Indian diaspora in the US, where over 5.4 million Indians reside, making up about 1.47% of the total population. Of these, 34% are US-born, while the rest are immigrants. If implemented, the new rule would mean children born to Indian citizens on temporary work or tourism visas would no longer receive automatic citizenship.
Additionally, the order seeks to put an end to birth tourism, a practice where pregnant women travel to the US specifically to give birth, ensuring their child gains American citizenship. The Supreme Court is expected to set a briefing schedule soon, requiring responses from those opposing the administration’s request.
