Justices will decide whether the US Constitution guarantees automatic citizenship to children of undocumented migrants, setting the stage for a landmark ruling on the 14th Amendment.
The US Supreme Court has agreed to hear arguments on the constitutionality of President Donald Trump’s executive order seeking to end birthright citizenship for children born on US soil to non-citizen parents. The court announced on Friday (December 5) that it will review lower court rulings that blocked the policy, a central pillar of the President’s second-term immigration agenda.
The case centers on an executive order signed by President Trump on January 20, 2025, his first day back in office. The order directs federal agencies to stop issuing citizenship documentation to children unless at least one parent is a US citizen or lawful permanent resident. It was intended to apply to births occurring 30 days after the signing but was immediately halted by federal judges nationwide.
The legal battle hinges on the interpretation of the 14th Amendment, ratified in 1868, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” For over a century, this has been understood to grant citizenship to anyone born on US territory, regardless of their parents’ status.
The Trump administration argues that the phrase “subject to the jurisdiction thereof” excludes individuals in the country illegally or on temporary visas, such as tourists. Lower courts have unanimously rejected this interpretation, citing the 1898 Supreme Court precedent United States v. Wong Kim Ark.
“The federal courts have unanimously held that President Trump’s executive order is contrary to the Constitution… We look forward to putting this issue to rest once and for all,” said an attorney representing the challengers.
Conversely, administration allies argue the current practice is a misinterpretation. “The 14th Amendment was originally intended to grant citizenship only to the children of formerly enslaved people and has been misapplied to the children of undocumented migrants,” supporters have claimed in legal filings.
This case represents a direct challenge to a defining principle of American law. While the US is one of about 30 countries that offer unrestricted jus soli (right of the soil) citizenship, critics argue it encourages illegal immigration and “birth tourism”.
The Supreme Court’s decision to take up the case comes months after it issued a procedural ruling limiting the power of lower courts to issue nationwide injunctions, though it did not rule on the merits of the citizenship policy at that time. This new hearing will address the core constitutional question directly.
Oral arguments are expected to be scheduled for the spring of 2026, with a definitive ruling likely by early summer. If the court sides with the administration, it would fundamentally reshape US immigration law and could strip citizenship eligibility from tens of thousands of children born in the US annually.
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