The Supreme Court of the United States (SCOTUS) is set to hear a case on whether President Donald Trump has the authority to end the nation’s anchor baby policy, whereby the U.S.-born children of illegal aliens and other foreign nationals are awarded birthright American citizenship.
Immediately after taking office, Trump signed an executive order to end birthright citizenship for the U.S.-born children of illegal aliens — a policy once also opposed by Democrats. About 250,000 anchor babies are born every year in the United States, anchoring their illegal alien parents in the country.
In response, CASA Inc., which is partially funded by Alex and George Soros’s network, and the Asylum Seeker Advocacy Project sued to block the executive order. Four district court judges have halted the order.
On May 15, Trump’s Department of Justice (DOJ) will argue to SCOTUS that lower courts have gone far beyond their jurisdiction by blocking the order, while CASA Inc. and the Asylum Seeker Advocacy Project will argue that the president does not have the authority to end birthright citizenship.
Acting Solicitor General Sarah Harris, in her filing to SCOTUS in March, focused heavily on the lower courts blocking the order, writing that “universal injunctions compromise the Executive Branch’s ability to carry out its functions, as administrations of both parties have explained.”
“Universal injunctions have reached epidemic proportions since the start of the current Administration,” Harris wrote:
Courts have graduated from universal preliminary injunctions to universal temporary restraining orders, from universal equitable relief to universal monetary remedies, and from governing the whole Nation to governing the whole world. District courts have issued more universal injunctions and TROs [Temporary Restraining Orders] during February 2025 alone than through the first three years of the Biden Administration. That sharp rise in universal injunctions stops the Executive Branch from performing its constitutional functions before any courts fully examine the merits of those actions, and threatens to swamp this Court’s emergency docket. [Emphasis added]
This week, House Republicans passed Rep. Darrell Issa’s (R-CA) No Rogue Rulings Act, which would prevent district court judges from issuing nationwide injunctions.
“It’s a first step, and I tell everyone, we’re going to be taking many steps to rein in these rogue actors,” Issa told Breitbart News in March. “This particular one limits their ability to do nationwide injunctions.”
The birthright citizenship case is the first of its kind to be heard by SCOTUS.
SCOTUS has never explicitly ruled that the U.S.-born children of illegal aliens must be granted birthright citizenship, and many legal scholars dispute the idea.
Many leading conservative scholars argue the Citizenship Clause of the 14th Amendment does not provide mandatory birthright citizenship to the U.S.-born children of illegal aliens or other foreign nationals, because these children are not subject to U.S. jurisdiction as that language was understood when the 14th Amendment was ratified.
John Binder is a reporter for Breitbart News. Email him at [email protected]. Follow him on Twitter here.
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