The US Supreme Court has agreed to take up a major case that could reshape a foundational principle of American citizenship: whether nearly everyone born on US soil is automatically recognized as a US citizen. The case carries enormous legal, political, and humanitarian implications and could affect hundreds of thousands of families every year.
Trump Executive Order Sparks Constitutional Battle
On his first day back in office in January, President Donald Trump signed an executive order seeking to end birthright citizenship for children born in the US to parents who are in the country illegally or in the US on temporary visas. This move attempted to overturn a practice that has been a core feature of American law for nearly 160 years.
Almost immediately, the order was challenged by immigrant families and civil rights groups, who argued that the policy violated the 14th Amendment of the US Constitution. Federal judges in several states agreed, issuing injunctions that blocked the order from taking effect.
While the Supreme Court previously ruled in June that some lower courts had overreached in issuing those injunctions, it did not rule on the underlying issue of birthright citizenship. By accepting this new case, the Court is now poised to confront the question directly for the first time in modern history.
What Is at Stake? The 14th Amendment Explained
The 14th Amendment, adopted in 1868 in the aftermath of the Civil War, was designed to ensure that formerly enslaved people—born in the United States but long denied citizenship—would be recognized as full citizens.
Its key citizenship clause states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
For generations, legal scholars, courts, and lawmakers have understood this to mean that virtually anyone born in the US is automatically a citizen, except for:
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children of foreign diplomats
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children of occupying foreign military forces
Trump’s executive order attempts to reinterpret the phrase “subject to the jurisdiction thereof” far more narrowly, excluding children of undocumented immigrants and temporary visa holders from automatic citizenship.
A Global and Historical Perspective
The US is one of roughly 30 countries—mostly in North, Central, and South America—that still offer unrestricted birthright citizenship. The practice is rare in Europe and Asia, where citizenship is usually tied to parents’ nationality rather than birthplace.
Ending birthright citizenship in America would represent one of the most sweeping changes to immigration policy in US history.
The Case Moving to the Supreme Court
The plaintiffs in the case include immigrant parents whose infants were born on US soil. Their lawsuit argues that the executive order violates both the text and the long-standing interpretation of the Constitution.
The Supreme Court will now set a date for oral arguments, where government lawyers and the families’ legal teams will present opposing interpretations of the 14th Amendment. The Court’s ruling is expected to have wide-ranging consequences for immigration policy, constitutional law, and millions of people living in the US.
Potential Impact: Millions Could Lose or Be Denied Citizenship
According to a recent joint analysis by the Migration Policy Institute and Pennsylvania State University’s Population Research Institute:
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Approximately 255,000 babies born in the US every year would no longer receive automatic citizenship if the policy were upheld.
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Over time, the number of noncitizens living in the US would grow dramatically, including many people born in the country.
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The unauthorized population could increase by:
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2.7 million people by 2045
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5.4 million people by 2075
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Experts warn that ending birthright citizenship could create a large, permanent class of people living in the US without legal status—something unprecedented in American history.
A Historic Decision Ahead
The Supreme Court’s eventual decision will determine whether the US continues its 158-year tradition of birthright citizenship or takes a drastic departure from it. It will also clarify the limits of presidential power in interpreting the Constitution.