The battle over birthright citizenship is shaping up to be one of the defining legal and political issues of President Donald Trump’s second term. The question at hand is whether the president has the authority to end the automatic granting of U.S. citizenship to children born on American soil to illegal immigrants. While the issue has already sparked intense debate, it could soon find its way to the highest court in the land—the U.S. Supreme Court.
Recently, a federal judge in Washington state, U.S. District Judge John Coughenour, issued a temporary restraining order halting Trump’s executive order aimed at ending birthright citizenship. This order came after a lawsuit was filed by several liberal states, including Washington, Arizona, Illinois, and Oregon, which argued that the executive action violated the Constitution, specifically the Fourteenth Amendment, which guarantees citizenship to anyone born on U.S. soil.
Judge Coughenour, in his ruling, called Trump’s order “blatantly unconstitutional,” stating that he could not comprehend how any legal professional could argue it was lawful. This move came as no surprise, as many on the left have been quick to challenge Trump’s policies in court, especially on issues concerning immigration.
But despite the legal setback, the Trump administration is prepared to fight back. According to former federal prosecutor Neama Rahmani, while the president’s argument may face strong opposition in the Ninth Circuit Court of Appeals—known for its liberal leanings—there is a real chance that conservative justices on the Supreme Court could ultimately back the president’s position. Rahmani pointed out that Justices Clarence Thomas and Samuel Alito are the most likely to side with the administration, as they have previously supported more restrictive interpretations of the Fourteenth Amendment.
This case is not just about policy—it’s about the very definition of American citizenship. If the courts rule in favor of Trump, it would mark a monumental shift in U.S. immigration law, closing a loophole that many believe encourages “birth tourism” and the practice of illegal immigrants coming to the U.S. to give birth, ensuring their children’s citizenship.
If the legal challenges continue, the case could eventually make its way to the U.S. Supreme Court, where the stakes are even higher. The decision could influence the future of immigration policy for generations to come, especially with more conservative justices now on the bench. No matter the outcome, this is a fight that will likely echo through the halls of American politics for years to come.