The U.S. Supreme Court has agreed to review President Donald Trump’s executive order aimed at ending birthright citizenship for children born in the U.S. to parents who are in the country illegally or temporarily. This case marks a significant constitutional challenge, as various lower courts have previously blocked the policy, asserting that it may violate the 14th Amendment.
Signed on January 20, 2025, the executive order seeks to reinterpret the Citizenship Clause of the 14th Amendment, which traditionally guarantees automatic citizenship to nearly all individuals born on U.S. soil. The Trump administration contends that the amendment was originally intended to confer citizenship on children of former slaves, not those born to unauthorized or temporarily residing parents. In response, numerous lawsuits were filed by Democratic-led states and civil rights organizations challenging the executive order’s legality.
Federal judges in New Hampshire and California issued injunctions against the order, citing its probable unconstitutionality under the 14th Amendment. The Trump administration appealed these rulings, prompting the Supreme Court to take up the case.
This review is a pivotal moment in the ongoing debate over immigration and constitutional interpretation. The justices are expected to hear arguments in the spring, with a decision anticipated by early summer. The outcome could significantly impact the future of birthright citizenship in the U.S.
The case has attracted attention from various advocacy groups and legal experts. The American Civil Liberties Union (ACLU) has strongly criticized the executive order, arguing it undermines the constitutional promise of citizenship. ACLU’s national legal director, Cecillia Wang, emphasized that no president can alter the 14th Amendment’s core principles. As the case unfolds, it may redefine birthright citizenship and influence future immigration policy.
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