The Supreme Court has agreed to consider the Trump administration’s request to enforce its birthright citizenship restrictions while the policy is under legal scrutiny. This marks the first challenge to the new administration’s policies that the justices have taken up for public discussion. The administration sought to limit the nationwide injunctions issued by judges in Maryland, Massachusetts, and Washington that halted President Donald Trump’s order on birthright citizenship.

The Justice Department argued that Trump should be allowed to enforce the policy for all except those directly named in the lawsuits and individuals in states suing if the court deems states have the right to challenge the order. The government also sought permission to develop implementation guidance if the directive is upheld. The Justice Department emphasized that a national block on presidential actions by any judge would hinder the Executive Branch’s functions.

In response, Washington state Attorney General Nicholas Brown argued for uniform citizenship rules nationwide, asserting that a patchwork approach would be unworkable and could result in infants facing removal or detention. The dispute centers on the interpretation of the 14th Amendment’s citizenship clause and its application to children of unauthorized immigrants.

With significant implications for immigration policy and constitutional interpretation, this case has garnered support from various stakeholders, including Republican attorneys general and immigrant rights groups. The Supreme Court’s oral arguments scheduled for May 15 will shed light on this contentious issue and its potential impact on birthright citizenship in the United States.