The Trump administration is turning to the Supreme Court with an urgent request to pause three lower court injunctions that have stalled President Trump’s executive order aimed at ending birthright citizenship.
The move comes as a coalition of states and groups battles to preserve a policy rooted in over a century of legal precedent.
On Thursday, administration attorneys filed emergency pleas, arguing that federal judges in Maryland, Massachusetts, and Washington State overstepped by issuing sweeping injunctions against the January 20 order.
“Universal injunctions have reached epidemic proportions since the start of the current Administration,” the lawyers stated, pressing the Court to address their legality. “Members of this Court have long recognized the need to settle the lawfulness of universal injunctions.”
A Clash Over Scope and Power
The filings zero in on the breadth of the lower court rulings, which block Trump’s order nationwide while lawsuits unfold.
“At a minimum, this Court should stay all three preliminary injunctions to the extent they prohibit executive agencies from developing and issuing guidance explaining how they would implement the Citizenship Order in the event that it takes effect,” the administration argued. The goal: keep the government’s hands untied as the legal fight continues.
Acting U.S. Solicitor General Sarah Harris framed it as a “modest” ask in the plea: “The government comes to this Court with a ‘modest’ request: while the parties litigate weighty merits questions, the Court should ‘restrict the scope’ of multiple preliminary injunctions that ‘purpor[t] to cover every person in the country,’ limiting those injunctions to parties actually within the courts’ power.”
So far, three federal appeals courts have rebuffed the administration’s efforts to lift these blocks, pushing the issue to the nation’s highest bench.
The Order and Its Legal Gambit
Trump’s executive order seeks to end automatic citizenship for children born in the U.S. to undocumented immigrants after February 19, while barring federal agencies from recognizing their citizenship.
It’s a direct challenge to the 14th Amendment’s clause granting citizenship to those “born or naturalized in the United States,” a principle upheld by the Supreme Court in 1898 and interpreted as birthright citizenship for over 150 years.
The administration hinges its case on a reinterpretation, arguing that “subject to the jurisdiction” excludes children of undocumented immigrants, who they claim fall under their home countries’ authority.
It’s a theory Trump toyed with in his first term but didn’t pursue, wary of legal headwinds. Now, with a Supreme Court boasting six conservative justices, he’s betting on a friendlier reception.
A Broader Battle Looms
The lower court injunctions stem from a robust pushback—22 states, seven individuals, and two immigration groups have sued to stop the order. No lower court has yet upheld its legality, setting the stage for a historic showdown.
The Supreme Court is poised to set a briefing schedule soon, marking the first time Trump’s birthright citizenship challenge has reached this level.
Beyond the U.S., at least 30 other nations recognize some form of birthright citizenship.
