The Supreme Court announced Friday it will hear a major challenge to President Donald Trump’s executive order directing federal agencies to exclude birthright citizenship for children born to illegal aliens and temporary visitors in the United States.
SCOTUS will determine if Trump’s interpretation of the 14th Amendment of the U.S. Constitution is valid.
The case brings a central component of the administration’s immigration agenda before the Court for a full constitutional review.
Issued on Trump’s first day back in office, the EO instructs federal agencies not to recognize automatic U.S. citizenship for children whose parents lack lawful status or are present only on a temporary basis. The administration has argued that the 14th Amendment’s Citizenship Clause applies only to individuals who are fully “subject to the jurisdiction” of the United States, and that those in the country illegally or on short-term visas do not meet that standard. Section 1 of the amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The Justice Department has defended the order as a lawful effort to curb birth tourism and prevent the creation of automatic citizenship claims used to anchor unlawful presence in the country. DOJ attorneys have argued that the current interpretation of the Citizenship Clause extends beyond what the Constitution requires and incentivizes illegal immigration.
Lower courts, however, blocked the policy, citing longstanding interpretations of the amendment, including an 1898 Supreme Court ruling that tied citizenship to place of birth.
The Court’s decision to intervene follows months of litigation. A federal district court in New Hampshire certified a nationwide class of individuals who would be denied citizenship under the order and found the directive likely unconstitutional, issuing an injunction against enforcement. Courts in multiple states—including Washington, Arizona, Illinois, and Oregon—issued similar rulings that were upheld by the 9th Circuit.
Earlier this year, the Supreme Court limited the ability of federal district courts to issue nationwide injunctions, but left room for broad class-wide relief. That ruling cleared procedural barriers for the justices to now consider the legality of Trump’s order directly.
The Justice Department urged the Court to take up the case, with Solicitor General D. John Sauer arguing that the assumption that birth on U.S. soil alone grants citizenship is a “mistaken view” with significant consequences for immigration enforcement.
Oral arguments are expected next year, with a decision likely by summer 2026. The EO will remain blocked while the case proceeds.
