In the United States, the issue of birthright citizenship has once again come to the center of national political debate. On September 26, 2025, the White House appealed to the U.S. Supreme Court to keep in force the order signed by Donald Trump’s administration, which has caused major controversy. According to CNN, this appeal is the second within a year on this issue.
The order, signed on January 20, 2025, strictly prohibits the automatic granting of citizenship rights to children born in the United States to temporary foreign visitors or illegal migrants. The administration considers this practice a “misinterpretation” of the 14th Amendment to the Constitution and emphasizes that it brings “negative consequences” for the country.
So far, lower courts have repeatedly suspended the implementation of this policy. In particular, in July of this year, the San Francisco Court of Appeals upheld the decision of a federal judge blocking Trump’s order nationwide. Also, a judge in New Hampshire granted the ACLU’s lawsuit and prevented the order from being applied to newborn children.
The White House hopes that this policy will ultimately be upheld by the Supreme Court. However, it remains unclear whether the necessary four justices’ votes will be secured to review the case.
Human rights organizations and lawyers consider this order unconstitutional. ACLU representative Cody Wofsy called it “an illegal decision without legal basis.”
This issue also recalls the Supreme Court’s decision of 1898. At that time, in the Wong Kim Ark case, the court recognized the citizenship rights of children of Chinese immigrants born in the U.S. That decision is still regarded as an important legal precedent today.
Thus, the issue of birthright citizenship remains one of the most contentious topics in the U.S. political and legal arena. Its resolution may affect the fate of millions of people in the country.
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