Supreme Court Weighs Trump Order Ending Birthright Citizenship

The Supreme Court of the United States is deliberating the legality of Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship," which Donald Trump signed on January 20, 2025. The order denies automatic birthright citizenship to children born in the U.S. after February 19, 2025, if their parents are undocumented immigrants or temporary visa holders. The administration argues the 14th Amendment's phrase "subject to the jurisdiction thereof" requires lawful domicile and allegiance, claiming the current system facilitates "birth tourism."

On April 1, 2026, the Court heard oral arguments in Trump v. Barbara. In an unprecedented move, Donald Trump attended the hearing in person, though he departed early. During the proceedings, a majority of the justices, including conservatives, expressed skepticism toward the government's legal theory. Chief Justice John Roberts described the administration's examples as "very quirky" and asserted, "It's a new world, [but] it's the same Constitution." Conversely, the American Civil Liberties Union argues that the order violates constitutional guarantees and established precedent, specifically the 1898 ruling in United States v. Wong Kim Ark.

Lower federal courts have uniformly blocked the order, with some judges calling it "blatantly unconstitutional." Following the hearing, Donald Trump criticized the judiciary on social media, labeling the practice of birthright citizenship "stupid" and calling the court a "KANGAROO COURT!!!" A final ruling is expected by late June or early July 2026, with potential impacts on approximately 250,000 children annually.