The Supreme Court is considering the legality of President Donald Trump’s restrictions on birthright citizenship in a significant case that drew considerable attention due to the President’s presence in the courtroom.

Justices Raise Concerns

Conservative and liberal justices alike questioned whether Trump’s order – declaring that children born to parents in the U.S. illegally or temporarily are not American citizens – aligns with the Constitution or existing federal law. The hearing took place on Wednesday, April 1, 2026.

Logistical and Historical Questions

Justice Ketanji Brown Jackson inquired about the practical implementation of the order, asking, “Is this happening in the delivery room?” questioning how citizenship would be determined at birth. Justice Clarence Thomas explored the historical context of the 14th Amendment, noting its original intent to grant citizenship to formerly enslaved Black people.

Trump's Presence and Arguments

President Trump, the first sitting president to attend oral arguments at the Supreme Court, listened as Solicitor General D. John Sauer presented the administration’s case. Trump departed shortly after Cecillia Wang, representing the opposition, began her arguments defending broad birthright citizenship.

Administration's Position

The Trump administration argues that children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Solicitor General Sauer urged the court to correct what he described as “long-enduring misconceptions about the Constitution’s meaning.”

Opposing Arguments

Cecillia Wang of the American Civil Liberties Union argued that Trump is attempting a “radical reinterpretation” of American citizenship. She emphasized that over 250,000 births annually could be affected by the order, impacting not only those born to undocumented parents but also those born to individuals legally present in the U.S.

Background and Previous Rulings

The case stems from a lower-court ruling in New Hampshire that blocked the citizenship restrictions. Several other courts have also issued similar rulings, preventing the order from taking effect nationwide. This is the first Trump immigration-related policy to reach the Supreme Court for a final decision.

The 14th Amendment

Trump’s order challenges the long-held understanding of the 14th Amendment, ratified in 1868, which states that “All persons born or naturalized in the United States…are citizens of the United States.” The administration’s position contradicts the 1898 Wong Kim Ark ruling, which affirmed citizenship for children born in the U.S. to Chinese nationals.

A ruling from the Supreme Court is anticipated by early summer.