SCOTUS to Hear Birthright Citizenship Case

The U.S. Supreme Court is scheduled to hear arguments on Wednesday regarding President Trump’s executive order that aims to limit birthright citizenship, a policy that could impact millions of children born to noncitizen parents.

The Core of the Dispute: The 14th Amendment

The case revolves around the interpretation of the 14th Amendment’s Citizenship Clause, which states that “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.” This clause has been the foundation of birthright citizenship in the U.S. for over a century.

Trump's Executive Order and Legal Challenges

President Trump signed the executive order on January 20, 2025, calling American citizenship “a priceless and profound gift.” The order argues that children born in the U.S. to parents not fully subject to U.S. law – such as those present illegally or on temporary visas – should not automatically receive citizenship.

Immediately following the order, several federal district judges issued preliminary injunctions blocking its implementation, citing its likely unconstitutionality. Immigrants’ rights groups, including CASA, the Asylum Seeker Advocacy Project, and the American Civil Liberties Union (ACLU), also filed lawsuits to block the order.

The Supreme Court subsequently partially stayed the lower court injunctions, limiting nationwide blocks while the case remains pending. The case is formally titled Trump v. Barbara, with the lead plaintiff representing a class of children who would be affected by the order.

Historical Precedent and Potential Consequences

The principle of birthright citizenship has deep roots in U.S. legal history. A landmark 1898 case, United States v. Wong Kim Ark, affirmed that a person born in San Francisco to Chinese immigrant parents was a U.S. citizen, rejecting arguments to the contrary.

Impact on Families and Immigration

If the Court rules in President Trump’s favor, millions of children born in the United States to noncitizen parents could lose automatic citizenship. According to Pew Research Center data from 2023, approximately 4.6 million U.S. children under 18 live with at least one parent in the country illegally, and most of these children are U.S. citizens.

The Migration Policy Institute warned in 2015 that repealing birthright citizenship could “balloon” the number of undocumented individuals, creating “a self-perpetuating class that would be excluded from social membership for generations.”

Alex Nowrasteh, vice president for economic and social policy studies at the Cato Institute, stated, “One of our big benefits is that people born here are citizens, are not an illegal underclass.” President Trump plans to attend Wednesday’s oral arguments, as reported by Fox News.