Trump fights back: SC appeal filed to enforce birthright citizenship ban

Washington, DC: The Trump administration submitted a series of emergency appeals to the US Supreme Court on Thursday, requesting permission to proceed with its executive order that seeks to end birthright citizenship, CNN reported.

The administration argued that lower courts had imposed nationwide injunctions that overreached their authority, effectively blocking the policy from being enforced. These appeals mark the latest legal battle in Trump's effort to reshape immigration laws in the United States.

In January, a federal judge struck down Trump's executive order, calling it "blatantly unconstitutional." Another judge in Maryland emphasised that the plan contradicted America’s long-standing tradition of granting citizenship by birth. Courts in Maryland, Massachusetts, and Washington have since issued orders preventing the enforcement of the policy, following legal challenges from over 20 states, two immigrant rights organisations, and seven individual plaintiffs.

The emergency appeals do not directly contest the constitutionality of the policy but instead seek to limit the scope of the nationwide injunctions. If the Supreme Court agrees, the Trump administration would be able to enforce the executive order against individuals not covered by ongoing litigation.

In its appeal, the US Justice Department argued that "universal injunctions have reached epidemic proportions since the start of the current administration" and hindered the ability of the executive branch to enforce immigration policies. The administration contended that a longstanding "incorrect position" had led to an expansive interpretation of the 14th Amendment, granting citizenship to nearly all individuals born in the US, including children of undocumented or temporarily present immigrants.

The Supreme Court is expected to establish a briefing schedule, requiring responses from those who challenged the policy.

Trump’s executive order, signed on January 20—his first day back in office—seeks to restrict birthright citizenship for children of undocumented migrants and temporary visa holders. The policy would apply only to births from February 19 onwards, without retroactive effect.

Legal experts predict that the case could lead to a landmark Supreme Court ruling on the interpretation of the 14th Amendment and the limits of executive power in shaping immigration policy.