The Supreme Court announced Friday that it will hear oral arguments on the legality of President Donald Trump’s executive order ending birthright citizenship.
Trump is seeking to end the loophole that grants American citizenship to children born in the United States to illegal alien parents or to foreign nationals in the country on temporary lawful status.
The case marks one of the most consequential constitutional battles of Trump’s second term, with the potential to reshape U.S. immigration policy and redefine citizenship rules that have been in place for more than a century.
Trump Order Seeks to Clarify Scope of the 14th Amendment
On his first day back in office in January, President Trump signed an executive order declaring that the Citizenship Clause of the 14th Amendment applies only to children born to parents who are subject to full U.S. jurisdiction, meaning U.S. citizens, lawful permanent residents, and others with enduring legal ties to the country.
The 14th Amendment states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The Trump administration argues that the phrase “subject to the jurisdiction thereof” excludes children of foreign nationals who are in the country illegally or are present only on temporary visas.
The executive order directs federal agencies to treat such children as non-citizens at birth.
States, Advocacy Groups Sue to Block the Policy
More than 22 states and several immigration advocacy organizations have filed lawsuits seeking to block the order.
They argue the policy is unconstitutional, exceeds executive authority, and represents an “unprecedented” departure from long-standing interpretations of the 14th Amendment.
To date, no federal court has ruled in favor of the administration on this issue.
Multiple district courts have issued injunctions blocking implementation of the policy, citing both statutory and constitutional concerns.
Those rulings set the stage for Supreme Court review.
A Case With Immense National Implications
The Supreme Court’s decision to take up the case ensures a definitive ruling on one of the most debated constitutional questions in modern immigration law: Does the 14th Amendment guarantee citizenship to anyone born on U.S. soil, regardless of parental status?
If the Court upholds Trump’s order, it could fundamentally alter:
• how millions of children are classified under federal law,
• how benefits and federal documents are issued,
• future immigration patterns, and
• state-level demographic and political landscapes.
If the executive order is struck down, the current system of universal birthright citizenship would remain in place.
Next Steps
The Court will hear arguments later this term, with a ruling expected by summer.
The decision will likely be one of the most closely watched opinions of the year, with significant implications for immigration policy, presidential authority, and constitutional interpretation.
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