SCOTUS to Review Trump Birthright Citizenship Order

SCOTUS to Review Trump Birthright Citizenship Order

Washington, D.C.

The U.S. Supreme Court has agreed to review President Donald Trumpโ€™s executive order aimed at restricting birthright citizenship, a move that sets up one of the most consequential constitutional cases in recent years. The order, signed in January 2025, seeks to deny automatic U.S. citizenship to children born on American soil if their parents are not citizens or lawful permanent residents, directly challenging a principle that has been part of U.S. law for over 150 years.

The Fourteenth Amendment guarantees that all persons born in the United States, and โ€œsubject to the jurisdiction thereof,โ€ are citizens. For generations, this provision has ensured that nearly every child born in the country automatically receives citizenship. The Trump administrationโ€™s order argues that this longstanding interpretation misreads the intent of the amendment, claiming that automatic citizenship should not apply to children of parents who are undocumented or only temporarily present in the United States.

The order immediately faced legal challenges across the country. Several federal courts issued injunctions blocking the policy, citing constitutional protections and the long-standing judicial understanding of birthright citizenship. While the Supreme Court has previously limited the ability of lower courts to issue nationwide injunctions against federal policies, it had not yet ruled on the constitutionality of the order itself. The latest decision to hear the case means the justices will now consider whether the president has the authority to reinterpret the Constitution through executive action.

Oral arguments are scheduled for April 1, 2026, and a final decision is expected by summer of the same year. Legal experts note that the outcome could have far-reaching consequences, not only for hundreds of thousands of children born to non-citizen parents each year but also for the balance of power between the executive branch and the courts. Supporters of the order argue that it corrects a historical misinterpretation of the Fourteenth Amendment, while opponents say that the Constitution clearly grants citizenship at birth and that altering it should require congressional action, not an executive directive.

As the case moves forward, public attention is expected to intensify, with potential implications for U.S. immigration policy, constitutional interpretation, and citizenship rights. The Supreme Courtโ€™s review represents a defining moment for both the Trump administrationโ€™s immigration agenda and the future understanding of one of the countryโ€™s most fundamental constitutional protections.

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