Credited from: HUFFPOST
The US Supreme Court has agreed to hear a pivotal case regarding President Trump’s executive order aimed at ending birthright citizenship for children born in the United States, a principle upheld since the 14th Amendment's ratification in 1868. Trump signed the order on January 20, declaring that children born to parents who are undocumented or have temporary legal status would not automatically gain citizenship. This decision has already been blocked multiple times by lower courts, which ruled that the executive order violates the Constitution and the long-standing interpretation of the 14th Amendment, which states, "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," according to CBS News and Reuters.
Trump's administration argues that the meaning of "subject to the jurisdiction" should exclude those without legal status or those in the U.S. temporarily. The administration claims that current birthright citizenship practices encourage illegal immigration and contribute to issues like "birth tourism," where individuals come to the US solely to give birth. They contend that this interpretation deviates from the original intent of the post-Civil War law aimed at protecting the rights of freed slaves, according to Los Angeles Times, Vox, and NPR.
The Supreme Court's decision to hear this case signals the administration's persistent challenge against decades of legal precedent that has favored birthright citizenship. Critics and legal experts warn that if Trump's order were to be upheld, it would dramatically alter citizenship rights for many, affecting the status of children born to non-citizens and other vulnerable families across the nation. Cecillia Wang from the ACLU emphasized that the government's attempt to strip away citizenship rights goes against core American values and constitutional protections, according to India Times and South China Morning Post.
Oral arguments are anticipated in 2026, with a ruling expected by mid-year. Supporters of Trump's position argue that existing interpretations of the 14th Amendment are outdated and need revision to reflect contemporary immigration realities. However, opponents argue that the Constitution is clear and cannot be altered by executive order, reiterating the interpretation established by the landmark case United States v. Wong Kim Ark in 1898, according to ABC News and India Times.