The U.S. Supreme Court will hear arguments Wednesday in a major case that could reshape how American citizenship is defined.
At issue is an executive order signed by President Donald Trump on Jan. 20, 2025 — his first day back in office — that seeks to limit who qualifies for automatic citizenship at birth.
Where Birthright Citizenship Comes From
Birthright citizenship is rooted in the 14th Amendment to the U.S. Constitution, ratified in 1868 after the Civil War.
Its Citizenship Clause states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens…”
For more than a century, that has been widely understood to mean that nearly everyone born on U.S. soil is automatically a citizen, regardless of their parents’ immigration status.
That interpretation was reinforced in an 1898 Supreme Court decision and later reflected in federal immigration laws passed in 1940 and 1952.
What Trump’s Order Does
Trump’s executive order challenges that long-standing understanding.
It directs federal agencies to deny citizenship documents to certain children born in the U.S. based on their parents’ status.
Under the order:
- Citizenship would be denied if the mother is in the country unlawfully AND the father is not a U.S. citizen or lawful permanent resident, or
- If the mother is in the U.S. temporarily (such as on a visa) AND the father is not a citizen or lawful permanent resident
The administration says the order is prospective, meaning it would apply only to future births — specifically babies born more than 30 days after the policy takes effect.
The order has not gone into effect because it has been challenged and blocked in court.
The Core Legal Question
The case hinges on the meaning of a key phrase in the 14th Amendment:
“subject to the jurisdiction thereof.”
Trump Administration’s Argument
The Trump administration argues that the phrase has been misunderstood for decades.
It says people in the U.S. illegally or temporarily are not fully “subject to the jurisdiction” of the United States — and therefore their U.S.-born children should not automatically be citizens.
Government lawyers argue that citizenship should be limited to those who owe full allegiance to the U.S., and that current interpretations have encouraged illegal immigration and so-called “birth tourism.”
What Opponents Say
The American Civil Liberties Union (ACLU) and other groups filed a class-action lawsuit on behalf of mothers and children who would be affected.
They argue the Constitution is clear:
- The phrase “subject to the jurisdiction”just means subject to U.S. law
- Any child born in the United States “is a natural born citizen”
They say the executive order attempts to rewrite the Constitution and ignores more than a century of legal precedent.
If birthright citizenship is to be changed, they argue, it would require a constitutional amendment — not an executive order.
What Courts Have Said So Far
Every lower court that has reviewed the executive order has found it likely unconstitutional and blocked it from taking effect.
Now, the Supreme Court will weigh in on the merits of the case for the first time.
What Could Happen Next
The court could:
- Uphold the order, allowing it to take effect
- Strike it down and preserve current birthright citizenship rules
- Or issue a narrower ruling
A decision is expected by late June or early July.
What’s At Stake
If the court sides with the Trump administration, the immediate impact would be on future births, since the order is designed to be prospective.
But critics warn the broader implications could go much further.
More than 200 Democratic members of Congress have warned that if the court adopts the administration’s interpretation of the Constitution, millions of Americans could have their citizenship called into question, potentially affecting voting rights, passports and other legal protections.
Supporters of the order argue it would restore what they see as the original meaning of the Constitution.
Why This Case Matters
At its core, the case is about more than immigration policy.
It’s a test of how the Constitution is interpreted, the limits of presidential power — and ultimately, who gets to be recognized as an American citizen.