NextFin news, WASHINGTON — The Trump administration on Friday, September 26, 2025, asked the U.S. Supreme Court to issue a definitive ruling on whether President Donald Trump's executive order seeking to end automatic birthright citizenship is constitutional.
The request comes through two appeals arising from lawsuits filed in Washington state and New Hampshire. These cases are expected to determine once and for all whether the administration's controversial proposal can proceed.
Birthright citizenship, guaranteed by the 14th Amendment of the U.S. Constitution, has long been understood to grant citizenship to anyone born on U.S. soil, except for children of foreign diplomats. The Trump administration challenges this interpretation, arguing that the constitutional guarantee does not extend to children born to temporary visitors or those who entered the country illegally.
Solicitor General D. John Sauer, representing the administration, described the traditional broad interpretation of birthright citizenship as a "mistaken view" of the 14th Amendment that has had "destructive consequences."
The appeals differ from earlier Supreme Court cases this year, which focused on whether federal judges had the authority to block the policy nationwide during ongoing litigation. The current filings are regular appeals that could take months to resolve, likely involving oral arguments during the Court's new term starting in October 2025.
The cases have not yet been officially docketed at the Supreme Court as of Friday evening. The Justice Department did not provide a comment on the filings.
The lawsuits challenging the executive order were filed by the Washington state Attorney General’s Office and the American Civil Liberties Union, representing individual plaintiffs in New Hampshire.
The outcome of these cases will have significant implications for U.S. immigration policy and constitutional law, potentially redefining the scope of citizenship rights under the 14th Amendment.
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