
The administration's petition, expected in the coming weeks, will argue that new evidence of birth tourism, including advertisements in Texas targeting pregnant women from abroad, undermines the court's earlier decision. The ads, which promote maternity services and U.S. citizenship for newborns, were not part of the original record, according to officials familiar with the filing.
The Supreme Court in June struck down the executive order, which sought to deny citizenship to children born in the U.S. to non-citizen parents. The court held that the 14th Amendment's citizenship clause guarantees birthright citizenship, a ruling that dealt a major setback to the president's immigration agenda.
The new filing will contend that the Texas ads demonstrate a pattern of abuse that the court did not consider, arguing that the order was a necessary response to such practices. Legal experts, however, note that the court rarely grants rehearings, and the new evidence would need to be substantial to change the outcome.
The administration has not yet set a timeline for the petition, but the move signals a continued effort to challenge the constitutional guarantee. If the court declines to rehear the case, the president's options would be limited to legislative action or a future constitutional amendment, both of which face steep hurdles.
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