In a major development with nationwide implications, the U.S. Supreme Court agreed on Friday to hear a challenge to President Donald Trump’s executive order seeking to restrict birthright citizenship. The announcement sets the stage for one of the most consequential constitutional battles in decades, centered on who qualifies as an American citizen at birth.
What the Executive Order Does
President Trump’s order, signed on January 20, 2025, attempts to end automatic citizenship for children born in the United States to parents who are undocumented or who hold temporary immigration status. Under the directive, only children with at least one U.S. citizen or lawful permanent resident parent would receive citizenship at birth. Read More
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This move marks the most aggressive attempt by a U.S. president to narrow the scope of the Fourteenth Amendment since its adoption after the Civil War.
Lower Courts Blocked the Order
Soon after the order was announced, immigrant-rights groups, civil liberties organizations, and several states filed lawsuits arguing that the directive violated the Constitution. Multiple federal courts agreed, issuing injunctions that prevented the administration from enforcing the policy.
Judges noted that for more than 125 years, the Citizenship Clause of the Fourteenth Amendment has been interpreted to grant citizenship to nearly all children born on U.S. soil, regardless of their parents’ immigration status. According to these rulings, the president cannot unilaterally rewrite a constitutional guarantee without action by Congress or a constitutional amendment.
Why the Supreme Court Stepped In Now
Earlier this year, the Supreme Court ruled on a different aspect of the dispute the use of nationwide injunctions, but avoided the core question of constitutionality. That allowed the lawsuits to continue in lower courts, keeping the executive order frozen.
Now, by agreeing to hear the case directly, the Supreme Court is preparing to decide the central issue: whether a president has the authority to limit birthright citizenship without congressional involvement.
The case represents the first time in generations that the justices will consider the exact scope of the Citizenship Clause.
What’s at Stake
If Trump’s order is upheld, it would fundamentally alter the way citizenship has worked in the United States for more than a century. Hundreds of thousands of children born each year to undocumented or temporary-status parents could lose the automatic citizenship historically guaranteed to them.
Supporters of the order argue that existing interpretations encourage illegal immigration and misapply the original intent of the Fourteenth Amendment. Opponents warn that ending birthright citizenship would create a permanent class of stateless children and dismantle a core principle of American identity.
What Happens Next
The Supreme Court is expected to schedule oral arguments for spring 2026, with a final decision likely by early summer. Until the Court rules, birthright citizenship remains unchanged, and the executive order remains blocked.
The case is poised to become one of the defining constitutional disputes of the modern era, with the potential to reshape immigration policy, presidential authority, and the meaning of American citizenship itself.
