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Supreme Court takes up landmark citizenship case
The U.S. Supreme Court will decide whether children born in America to undocumented parents are entitled to automatic citizenship under the Constitution, a case with sweeping implications for immigration policy and national identity.
Trump's executive order sparks legal battle
On his first day in office in January 2025, President Donald Trump signed an executive order seeking to end birthright citizenship for children born to parents in the country illegally or on temporary visas. The move, part of his administration's broader immigration crackdown, was immediately blocked by lower courts.
Federal judges ruled the order unconstitutional, while two circuit courts upheld injunctions preventing its enforcement. In June, the Supreme Court ruled that the lower courts had overstepped their authority in blocking the order but did not address the core question of birthright citizenship.
The 14th Amendment's contested meaning
The case centers on the 14th Amendment, ratified in 1868 after the Civil War to grant citizenship to formerly enslaved people. Its language states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
The Trump administration argues the phrase "subject to the jurisdiction thereof" excludes children of undocumented immigrants or those on temporary visas. U.S. Solicitor General D. John Sauer called the prevailing interpretation a "mistaken view" with "destructive consequences."
"The amendment was adopted to confer citizenship on the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens."
U.S. Solicitor General D. John Sauer
Opponents warn of historic reversal
Civil rights groups, including the American Civil Liberties Union (ACLU), which represents plaintiffs in the case, argue the amendment's guarantee is clear and unalterable by presidential decree.
"For over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth. No president can change that fundamental promise."
Cecillia Wang, ACLU National Legal Director
Wang added that the Supreme Court's ruling this term could "put this issue to rest once and for all."
Demographic and legal stakes
The U.S. is one of roughly 30 countries, mostly in the Americas, that grant automatic citizenship to anyone born within their borders. In 2016, about 250,000 babies were born to unauthorized immigrant parents in the U.S., a 36% decline from a 2007 peak, according to the Pew Research Center.
By 2022, the latest available data showed 1.2 million U.S. citizens had been born to undocumented parents. A May study by the Migration Policy Institute and Pennsylvania State University warned that ending birthright citizenship could swell the unauthorized population by 2.7 million by 2045 and 5.4 million by 2075, as stateless children grow into adulthood.
Timeline and potential impact
No date has been set for oral arguments, but a ruling is not expected before mid-2026. The decision could reshape Trump's immigration policies and redefine the boundaries of American citizenship.
