Trump asks top court to uphold restrictions he wants to impose on birthright citizenship

President Donald Trump’s administration is asking the Supreme Court to uphold his birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.

The appeal, shared with The Associated Press on Saturday, sets in motion a process at the high court that could lead to a definitive ruling from the justices by early summer on whether the citizenship restrictions are constitutional.

Lower-court judges have so far blocked them from taking effect anywhere. The Republican administration is not asking the court to let the restrictions take effect before it rules.

The Justice Department’s petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

Cody Wofsy, an American Civil Liberties Union lawyer who represents children who would be affected by Trump’s restrictions, said the administration’s plan is plainly unconstitutional.

“This executive order is illegal, full stop, and no amount of maneuvering from the administration is going to change that. We will continue to ensure that no baby’s citizenship is ever stripped away by this cruel and senseless order,” Wofsy said in an email.

Trump signed an executive order on the first day of his second term in the White House that would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.