Former President Donald Trump's legal team has formally requested that the U.S. Supreme Court reconsider its recent ruling on birthright citizenship. The request comes a week after the high court affirmed that individuals born in the United States are constitutionally entitled to citizenship, regardless of their parents' immigration status.
The Supreme Court's rules permit a losing party to file for a rehearing within 25 days of a decision. Such a rehearing requires the approval of a majority of the nine justices on the court.
In a 6-3 decision on June 30, Chief Justice John Roberts wrote that children born in the U.S. "to parents unlawfully or temporarily present" are "citizens at birth" under the 14th Amendment of the U.S. Constitution. The ruling was seen as a setback for Trump's immigration agenda but was welcomed by civil rights organizations.
During his presidency, Trump sought to limit birthright citizenship through an executive order. He argued that the children of undocumented immigrants and certain temporary visitors were not "subject to the jurisdiction thereof" and therefore should not be eligible for birthright citizenship. However, five justices, including Chief Justice Roberts, concluded that Trump's executive order contravened the 14th Amendment. Justice Brett Kavanaugh wrote a separate opinion stating his belief that the order violated federal law.
Following the court's decision, Trump indicated his intention to continue efforts to end birthright citizenship, suggesting a legislative path forward that would require passage through the U.S. Congress. The U.S. has granted citizenship to all individuals born within its borders since 1868, a right that is enshrined in the 14th Amendment and has been supported by subsequent Supreme Court rulings.