The Supreme Court has agreed to hear a challenge to President Donald Trump’s executive order aimed at ending birthright citizenship, setting the stage for a high-profile ruling expected by late June. The order, issued on Trump’s first day in office, would strip automatic U.S. citizenship from children born to illegal immigrants and certain temporary foreign residents, but has been blocked by multiple lower courts and never went into effect.
Birthright citizenship, long understood to apply to nearly all children born on U.S. soil, is grounded in the 14th Amendment, ratified after the Civil War. The amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Legal precedent, including the landmark 1898 case United States v. Wong Kim Ark, has reinforced this principle, affirming citizenship for children born in the country to noncitizen parents who reside in the United States.
The Trump administration contends that the 14th Amendment was intended solely for the children of formerly enslaved people and that current interpretations granting citizenship to children of illegal or temporary residents are mistaken. Solicitor General D. John Sauer argued that the executive order would “restore the Clause’s original meaning” and limit citizenship to children with parents who are citizens or permanent legal residents.
The American Civil Liberties Union and other critics maintain that the order violates both the Constitution and federal law, emphasizing that birthright citizenship ensures that children born in the U.S. can “achieve their full potential as Americans” and warning that the policy could render some children effectively stateless.
The Supreme Court will hear the case from New Hampshire, while a related case from Washington remains pending. Oral arguments are expected in the coming months, with a decision anticipated by late June or early July. The ruling is likely to have significant implications for U.S. citizenship policy and executive authority.
