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Justices asked to uphold limits on citizenship

Los Angeles Times

|

September 29, 2025

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

- BY MARK SHERMAN AND LINDSAY WHITEHURST

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 on whether the citizenship restrictions are constitutional.

Lower-court judges have 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.

Any decision on whether to take up the case probably is months away and arguments probably would not take place until the late winter or early spring.

"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 Gen. D. John Sauer wrote. "Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people."

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