Supreme Court to Hear Birthright Citizenship Challenge Next Year

WASHINGTON, D.C. — The U.S. Supreme Court has agreed to hear a case challenging President Donald Trump’s executive order on birthright citizenship, a principle that grants citizenship to nearly all children born in the United States. The court’s decision could significantly impact immigration policy and the definition of American citizenship.

President Trump signed the order on January 20, 2025, aiming to end birthright citizenship for children born to parents who are in the country illegally or on temporary visas. However, the order has faced legal challenges in several lower courts, where judges ruled it violates the Constitution and longstanding precedent.

The 14th Amendment of the U.S. Constitution, enacted in 1868, establishes citizenship for anyone born on American soil, with exceptions for children of diplomats and foreign military personnel. Its citizenship clause states, ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’

Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), which is representing plaintiffs in the case, stated, ‘No president can change the 14th Amendment’s fundamental promise of citizenship.’ She added, ‘For over 150 years, it has been the law that everyone born on U.S. soil is a citizen from birth.’

After Trump’s executive order was challenged, several federal courts issued injunctions blocking its implementation. In June 2025, the Supreme Court allowed a challenge to proceed, without ruling directly on the merits of the citizenship issue itself.

U.S. Solicitor General D. John Sauer contended that the 14th Amendment was adopted to grant citizenship to newly freed slaves and not to the children of non-citizen visitors or undocumented immigrants. He argued that interpreting the amendment’s jurisdiction clause too broadly has led to adverse consequences.

In 2016, about 250,000 babies were born to unauthorized immigrant parents, a decrease from previous years, according to the Pew Research Center. By 2022, the estimated number of U.S. citizens born to unauthorized immigrant parents was approximately 1.2 million.

The Supreme Court is expected to hear oral arguments in the spring of 2026, with a ruling potentially coming in late June or early July. The outcome may redefine citizenship rights in America and influence the nation’s immigration discourse leading up to the 2026 mid-term elections.