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Supreme Court Takes Birthright Citizenship Case Testing Trump’s Order

The justices will examine whether the 14th Amendment’s phrase "subject to the jurisdiction" permits denying citizenship to U.S.-born children of undocumented and temporary visitors.

Overview

  • The Supreme Court granted review in Barbara v. Trump, a challenge to President Trump’s January 20, 2025 executive order restricting automatic citizenship.
  • The administration argues the 14th Amendment was intended for formerly enslaved people’s children, not for those born to noncitizen parents lacking permanent status.
  • Lower federal courts largely blocked the order, though a June ruling allowed the policy to take effect in states that did not sue, creating uneven implementation.
  • The key precedent is United States v. Wong Kim Ark (1898), which affirmed citizenship for most people born on U.S. soil, a doctrine civil-rights groups urge the Court to preserve.
  • Merits briefing now begins, with arguments expected in spring 2026 and a ruling likely by early summer that could either upend or reaffirm longstanding jus soli practice.