Trump administration files birthright citizenship brief to the Supreme Court

Trump imposed the order last year as a means to deter pregnant tourists from having their babies in the United States and illegal migrants to stop using the method as a way to remain in the country.

Published: March 19, 2026 10:04pm

The Trump administration filed its response Thursday in the birthright citizenship case, which the Supreme Court is expected to hear next month. 

The case centers on President Donald Trump's executive order directing federal agencies to interpret the 14th Amendment as excluding birthright citizenship to the children of illegal migrants and tourists.

Trump imposed the order last year as a means to deter pregnant tourists from having their babies in the United States and illegal migrants to stop using the method as a way to remain in the country. 

The Trump administration argued in the brief response that the Constitution's Citizenship Clause was intended to grant citizenship to freed slaves and their children, and therefore have an allegiance to the United States.

"Children of temporarily present or illegal aliens do not qualify because their parents are not domiciled in, and thus do not owe the requisite allegiance to the United States," the brief reads, per journalist Benjamin Weingarten. "Temporarily present aliens are by definition not domiciled here, while illegal aliens lack the legal capacity to form such a domicile."

The Supreme Court is set to hear oral arguments in the case on April 1. 

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage. 

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