Supreme Court to Hear Case on Birthright Citizenship Order

2025-12-06

The BareStory

The U.S. Supreme Court announced Friday it will rule on the constitutionality of a presidential executive order that seeks to end birthright citizenship for the U.S.-born children of parents who are in the country illegally or on a temporary basis. The policy has been blocked by lower courts and has not gone into effect.

Issued at the beginning of President Donald Trump's second term, the order challenges the long-standing interpretation of the 14th Amendment, which grants citizenship to "all persons born or naturalized in the United States." According to one summary, the order directs federal agencies not to recognize the citizenship of children born in the U.S. if the mother was unlawfully present and the father was not a citizen or lawful permanent resident, or if the mother was a temporary visitor and the father was not a citizen or permanent resident.

The case comes to the high court after multiple federal district courts and two federal circuit courts of appeals blocked the order. The specific lawsuit being reviewed originated in a New Hampshire federal district court, which barred the administration from enforcing the plan for a nationwide class of plaintiffs.

The Justice Department argues that the lower court decisions are incorrect. The Solicitor General has called the established interpretation of the 14th Amendment a "mistaken view" that does not extend citizenship to the children of "temporary visitors or illegal aliens." In opposition, the American Civil Liberties Union, which is representing plaintiffs, contends the order violates the Constitution and a Supreme Court ruling from 1898. A national legal director for the ACLU stated that the administration is asking the court to "rewrite" the 14th Amendment.

The Supreme Court is expected to hear arguments in the case next year, with a decision anticipated by early July.

Left Perspective

The executive order aims to end birthright citizenship for children of non-citizen parents present on a temporary or unlawful basis.
The established interpretation of the 14th Amendment’s citizenship clause is incorrect.
The Constitution does not grant citizenship to children of temporary visitors or parents in the country illegally.

Right Perspective

The executive order is an unconstitutional attempt to change the 14th Amendment.
The policy challenges the long-standing interpretation of citizenship in the United States.
The order has been consistently blocked by lower courts and contradicts Supreme Court precedent.

Left Perspective

• The executive order aims to end birthright citizenship for children of non-citizen parents present on a temporary or unlawful basis.

The policy directs federal agencies to stop recognizing the citizenship of children born in the U.S. under specific conditions. These include instances where the mother was unlawfully present and the father was not a citizen or lawful permanent resident, or where the mother was a temporary visitor and the father was not a citizen or permanent resident.

• The established interpretation of the 14th Amendment’s citizenship clause is incorrect.

According to the Justice Department, the prevailing understanding of the amendment is based on a "mistaken view." The Solicitor General argues that the lower court decisions that blocked the order are flawed for this reason.

• The Constitution does not grant citizenship to children of temporary visitors or parents in the country illegally.

The administration’s legal argument, presented by the Justice Department, is that the 14th Amendment’s guarantee of citizenship was never intended to apply to these specific groups. The department asserts that the clause does not extend citizenship to the U.S.-born children of "temporary visitors or illegal aliens."

Right Perspective

• The executive order is an unconstitutional attempt to change the 14th Amendment.

The American Civil Liberties Union (ACLU), which represents the plaintiffs, contends that the order directly violates the Constitution. A national legal director for the ACLU stated that the administration is effectively asking the Supreme Court to "rewrite" the 14th Amendment.

• The policy challenges the long-standing interpretation of citizenship in the United States.

The order seeks to overturn the established understanding of the 14th Amendment, which grants citizenship to "all persons born or naturalized in the United States." This interpretation has been the prevailing legal standard for a significant period of time.

• The order has been consistently blocked by lower courts and contradicts Supreme Court precedent.

Multiple federal district courts and two federal circuit courts of appeals have ruled to block the order from taking effect, with one court issuing a nationwide injunction. In addition, the ACLU argues that the order violates a specific Supreme Court ruling from 1898.

How it may affect me

As a U.S. reader:

• The court's decision will determine if U.S.-born children of parents who are temporary visitors or unlawfully present are automatically granted citizenship.

• If the order is upheld, federal agencies would be directed not to recognize the citizenship of these children, which would impact access to official documents.

• The ruling will set a major legal precedent on the 14th Amendment, potentially changing a constitutional interpretation that has stood since an 1898 court case.

Supreme Court to Hear Case on Birthright Citizenship Order

The BareStory

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How it may affect me

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