Trump Seeks Supreme Court Rehearing After Birthright Citizenship Defeat

The administration's petition, expected to be filed in the coming weeks, argues that recent advertisements in Texas targeting pregnant women from abroad constitute fresh evidence of birth tourism, a practice the president's executive order sought to curb. The order, which would deny citizenship to children born in the U.S. to non-citizens, was ruled unconstitutional by a federal appeals court last month.

In its filing, the government will contend that the ads, which promote maternity packages and visa assistance, demonstrate a pressing need for the policy. The administration maintains that the lower court's decision failed to account for the scale of birth tourism, which it estimates costs taxpayers millions annually in healthcare and social services.

Legal experts note that Supreme Court rehearings are rare and typically granted only when a party presents a significant legal question or new information. The administration's reliance on the Texas ads is seen as an attempt to meet that standard, though critics argue the evidence is tangential to the constitutional question of birthright citizenship under the 14th Amendment.

The case has become a flashpoint in the broader immigration debate, with supporters of the order praising the administration's persistence and opponents calling the rehearing a delaying tactic. If the Supreme Court declines to hear the case, the appeals court ruling will stand, preserving birthright citizenship for all children born on U.S. soil.