The Trump administration has asked the Supreme Court to limit nationwide injunctions that have blocked the president’s plan to end automatic birthright citizenship. The government is requesting that the injunctions only apply to individuals or groups that have specifically sued over the president’s order and potentially to residents of the Democratic-led states that challenged it. Acting Solicitor General Sarah Harris emphasized that the request was a “modest” one and not a decision on the plan’s merits. If granted, the administration could move forward with developing its policy and attempting to implement it in some form.
Legal experts believe the proposal is unlikely to be successful as the Constitution’s 14th Amendment guarantees birthright citizenship to anyone born in the United States. Trump’s lawyers argue that birthright citizenship should only apply to those with at least one parent who is a U.S. citizen or permanent resident. The administration’s request stems from three cases across the country where federal judges have deemed the policy unconstitutional and blocked it. Harris argued that these broad injunctions limit the executive branch’s ability to function and asked the court to intervene before they become further entrenched.
While presidents and some Supreme Court justices have criticized nationwide injunctions, the court has not taken significant action to address them. The outcome of the Trump administration’s request remains uncertain, but it is seen as a long shot given the clear language of the 14th Amendment and previous court rulings on the issue.
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