The U.S. Supreme Court is hearing arguments on Wednesday over President Donald Trump's executive order seeking to end birthright citizenship for children born to parents in the country illegally or temporarily. The order, signed on Jan. 20, 2025, his first day back in office, has been blocked by federal courts, which ruled it likely violates the 14th Amendment and federal law.
Core Facts and Developments
The case centers on the Citizenship Clause of the 14th Amendment, which states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens." Trump's order aims to deny citizenship to children born to parents who entered the country illegally or are on temporary visas. Every court that has considered the issue has found the order illegal and prevented it from taking effect.
Deeper Dive and Context
Legal and Historical Background
The 14th Amendment, enacted after the Civil War, was designed to overturn the Dred Scott decision and grant citizenship to all persons born in the U.S. The Supreme Court upheld birthright citizenship in the 1898 case United States v. Wong Kim Ark, and Congress codified it in the Nationality Act of 1940 and the Immigration and Nationality Act of 1952.
Trump's Arguments
Trump has long maintained that the Constitution does not guarantee birthright citizenship. He argues that the 14th Amendment is outdated and that the U.S. is the only country that grants citizenship to children born to non-citizens. He has criticized the federal court system, calling it "stupid" and "dumb," and has accused other countries of "selling citizenships" to the U.S.
Opposing Views
Critics of Trump's order argue that it violates the 14th Amendment and federal law. They point to the longstanding legal precedent and the potential impact on millions of children born to immigrant parents. An Argentine emigre in Florida, who spoke anonymously out of fear of retribution, expressed relief that her son, born in the U.S., is protected under current law.
Public Opinion
Public opinion on birthright citizenship is divided. Americans strongly support granting citizenship to children born to legal immigrants but are less supportive of automatic citizenship for children born to undocumented parents. Only about three dozen countries worldwide offer birthright citizenship, mostly in the Western Hemisphere.
Supreme Court Dynamics
The Supreme Court, with a 6-3 conservative majority, is expected to issue a decision by the end of June or early July. The outcome is uncertain, as some conservative justices have been known to break with the majority. A decision against the Trump administration would mark the second major loss for the president in his second term.