The Trump administration has submitted emergency applications to the Supreme Court asking for the partial enforcement of restrictions on birthright citizenship, pending the resolution of legal challenges.
The big picture: These restrictions, which were initiated by President Trump shortly after commencing his second term, aim to deny citizenship to children born after a certain date to parents who are in the country illegally.
- The order also prohibits US agencies from recognizing citizenship for these children by not issuing or accepting any state documents.
- The administration contends that the 14th Amendment’s citizenship clause, which guarantees citizenship to anyone born in the US, does not extend universally to everyone born in the country. They argue that the orders issued by individual federal judges do not have nationwide effect.
What we’re watching: The administration is seeking for the Supreme Court to allow the enforcement of the restrictions for everyone except those who have sued, asserting that the states lack the legal standing to challenge the executive order.
- As a fallback, the administration has requested permission to make public announcements regarding the plans for implementing the policy if it is allowed to take effect.
Go deeper: The administration’s argument also points to the increase in nationwide blocking orders issued by courts, which they view as a significant concern.
- The emergency appeal focuses on the broad reach of the orders issued by individual federal judges, rather than directly challenging the validity of the executive order.
