Trump to ask SCOTUS to rehear Birthright case

On Wednesday, Pres. Trump announced that he will formally petition the Supreme Court to rehear the legal challenge to his Executive Order (EO) on birthright citizenship. The EO, which was struck down by the High Court in a 6–3 ruling last week, seeks to end automatic citizenship for children born in the United States unless at least one parent is a U.S. citizen or a lawful permanent resident (green card holder).  

While the Court ruled 6–3 to strike down the EO, the justices split 5–4 on the broader constitutional question, holding that the 14th Amendment guarantees automatic citizenship to all children born in the United States, regardless of their parents' nationality or immigration status. Justice Kavanaugh agreed that the EO should be struck down, but based his concurrence on the fact that Congress hasn’t sufficiently defined “subject to the jurisdiction thereof” in the law, rather than a blanket acceptance that the 14th Amendment requires birthright citizenship for all.

Pres. Trump’s announcement follows a Fox News report highlighting a Texas hospital that advertised "birthing packages" in Mexico. Mission Regional Medical Center, located in the border city of Mission, Texas, confirmed it was behind the billboard ad campaign and had launched a website detailing its maternity services. Both the billboards and the website have since been taken down.

The White House faces a steep uphill battle, as the Supreme Court rarely grants petitions for rehearing. (The last time it did so was in 1965.) Nevertheless, the administration is determined to challenge the split ruling and must file its formal petition within 25 days of the decision.  

Meanwhile, though Congress is on recess this week, lawmakers continue to debate the future of birthright citizenship. House Speaker Mike Johnson (R-LA) told Fox News Sunday that he supports bringing legislation to the floor to end the practice. Rep. Brian Babin (R-TX) has already introduced H.R. 569, the Birthright Citizenship Act, which would restrict automatic U.S. citizenship to children with at least one parent who is a citizen, a green card holder, or an active-duty member of the U.S. military. 

No Changes in Congressional Immigration Rankings

With Congress on recess this week, there was no movement in IAP Action’s Congressional Immigration Rankings. 

However, a significant number of House Members saw their overall rankings drop significantly last week after Rep. Glenn Thompson (R-PA) introduced a bill that grants mass amnesty to illegal farm workers–H.R. 9535, the Securing Agriculture's Workforce Act of 2026. In addition to its amnesty provisions, the bill would also expand the temporary H-2A agricultural guest worker program to cover year-round jobs. This change wasn’t reflected in last week’s rankings because the bill text was not yet available.

The bill has 50 cosponsors, including 46 Republicans, and is rated as Key Opposed Legislation by IAP Action.

Immigration Articles

Compact: Restoring the American Worker’s Agency

Rep. Riley Moore (R-WV) argues in this piece that restoring agency to the American workforce requires stricter immigration enforcement and lower overall immigration levels. By cutting off the supply of cheap foreign labor, he contends that policymakers can eliminate unfair competition and protect domestic wages.

Daily Caller: EXCLUSIVE: Chip Roy Wants To Revisit Legal Immigration Levels After ‘Egregious’ Birthright Citizenship Ruling

Following the Supreme Court's birthright citizenship ruling, Rep. Chip Roy (R-TX) is pushing to reduce legal immigration levels, arguing that the current influx strains public services and the American labor market, as well as creating opportunities for aliens to take advantage of birthright citizenship. He is requesting data from the Trump Administration to craft new legislation to restrict immigration, noting that visa overstays remain a massive contributor to the illegal alien population.

CNN: Exclusive: Trump administration plans to boost worksite immigration enforcement after increase in criminal probes

The Trump Administration is preparing to significantly escalate worksite immigration enforcement and daily arrests, targeting illegal alien workers and employers as part of ongoing criminal fraud investigations. This internal push aims to dramatically increase deportations and work toward the president's campaign promise of the largest deportation effort in American history, something our Mass Deportation Coalition has been calling for all year.

Next Week

The House and Senate will return for work next week, as Congressional leadership works on how to handle a push for immigration enforcement and birthright citizenship legislation, as well as action on the SAVE America Act.