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Trump asks Supreme Court to review birthright citizenship case again

The Department of Justice challenges the 14th Amendment's application to children born to unauthorized immigrants, seeking Supreme Court review amid nationwide legal disputes.

  • The Department of Justice asked the Supreme Court of the United States this term to review the birthright citizenship dispute, with U.S. Solicitor General D. John Sauer petitioning Friday to reverse lower-court rulings.
  • The filing asks the court to revisit the 14th Amendment, arguing it was meant for newly freed Black people after the Civil War and that 'subject to the jurisdiction' excludes children born in the U.S. to parents without authorization or on temporary visas.
  • Lower courts kept a preliminary injunction that blocks implementation of the order, while the Department of Justice argued those rulings undermine border security and a policy of prime importance to the administration.
  • The petitions filed Friday appeared on the court's public docket Monday, responses are due by January 29, and the earliest action could be summer of next year.
  • The case asks whether the 14th Amendment covers children of illegal aliens and temporary residents, challenging the 1898 United States v. Wong Kim Ark precedent and affecting hundreds of thousands, the administration says.
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Law.com broke the news in on Monday, September 29, 2025.
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