Washington, March 2025 – The Trump administration has formally requested the U.S. Supreme Court to partially lift three nationwide injunctions that have blocked its executive order on birthright citizenship, according to court documents filed Thursday. The move marks the latest step in a controversial legal battle over the scope of birthright citizenship in the United States.
Birthright citizenship, which grants automatic U.S. citizenship to nearly anyone born on American soil, has been part of U.S. law since the 14th Amendment was ratified in 1868. The principle was upheld by the Supreme Court in 1898 in the case United States v. Wong Kim Ark. While there are narrow exceptions, including children born to foreign diplomats, the law generally applies regardless of the parents’ immigration status.
The Trump administration, in its first year, issued an executive order aimed at denying automatic citizenship to children born in the U.S. to mothers who are unlawfully present or on temporary visas, provided the father is not a U.S. citizen or permanent resident. The executive order directed federal agencies to refuse citizenship documentation for these individuals.
This policy was immediately challenged in multiple federal courts. Plaintiffs argue that the order violates the 14th Amendment, which guarantees citizenship to children born in the U.S., and that such a significant policy change should be made through legislation, not executive action.
As a result, district courts in Maryland, Massachusetts, and Washington state issued nationwide injunctions blocking the policy’s enforcement. These orders prevent federal agencies from carrying out the executive order or even developing related guidance.
In its application to the Supreme Court, the Justice Department called the request “modest,” asking the court to limit the injunctions to only the specific plaintiffs in the lawsuits rather than applying them nationwide. The filing argues that such universal injunctions exceed the constitutional authority of the courts and improperly allow individual district judges to shape national policy.
The Justice Department also claimed that nationwide injunctions have become increasingly common since President Trump’s administration, and they argue these sweeping orders violate traditional legal boundaries.
As of now, the Supreme Court has not indicated whether it will take up the request.
Sources: U.S. Supreme Court filings, Justice Department.
