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The Trump administration had asked the justices to lift a nationwide pause on the policy as lower court challenges continue.
April 17, 2025, 2:23 p.m. ET
The Supreme Court on Thursday announced that it would hear arguments in a few weeks over President Trump’s executive order ending birthright citizenship.
The brief order by the justices was unsigned and gave no reasoning, as is typical in such emergency cases. But the move is a sign that the justices consider the matter significant enough that they would immediately consider it, rather than letting it play out in lower courts.
The justices announced they would defer any consideration of the government’s request to lift a nationwide pause on the policy until they heard oral arguments, which they set for May 15.
That means that the executive order, which would end birthright citizenship for the children of undocumented immigrants and foreign residents, will remain paused in every state while the court considers the case.
In three emergency applications, the Trump administration asked the Supreme Court to find that lower courts had erred in imposing bans on the policy that extended beyond the parties involved in the litigation. It did not ask the court to weigh in on the constitutionality of the executive order, which was challenged soon after it was signed.
On President Trump’s first day in office, he issued the executive order ending birthright citizenship, the guarantee that a person born in the United States is automatically a citizen, for certain children.
