Justices to Review Trump’s Appeal to Remove Nationwide Halt on Birthright Citizenship Order

On Friday afternoon, the Supreme Court requested replies from states and organizations challenging the constitutionality of the president’s directive to terminate birthright citizenship for children of undocumented immigrants and foreign residents.

This action indicates that the justices may evaluate a request from the Trump administration to lift a nationwide hold on the policy while the underlying legal battles continue. If the justices favor the administration, the policy could be implemented in the 28 states and U.S. territories that have not opposed the order.

The primary legal question for the justices is the validity of a tool known as a nationwide injunction, which allows a federal judge to temporarily suspend a policy throughout the nation instead of just for those directly involved in the case.

In its submissions to the court, the Trump administration criticized the use of nationwide injunctions. This mechanism has been utilized during both Democratic and Republican administrations, and a longstanding debate regarding its application has continued for years.

The case was presented to the court as an emergency application and marks the first occasion the legal dispute regarding the president’s birthright citizenship order has reached the justices. The court could have dismissed the application outright but chose instead to request responses by the afternoon of April 4.

The birthright citizenship directive, which was issued shortly after President Trump returned to the White House, triggered numerous legal challenges and strong reactions from federal courts. Judges in Maryland and Washington State have issued nationwide injunctions that prevent any actions to implement the directive, with another in New Hampshire taking similar steps on Monday.

Mr. Trump’s order stated that citizenship would be denied to infants unless at least one parent is a U.S. citizen or a legal permanent resident, thereby affecting children born to individuals who entered the country without authorization.

Even if the justices decline the Trump administration’s request to enforce the policy in certain regions, they may ultimately examine the fundamental issue of whether the Constitution ensures birthright citizenship as lower court litigation unfolds.