The Supreme Court agreed Friday to review the constitutionality of President Donald Trump's executive order eliminating birthright citizenship for children born in the United States to parents in the country illegally or temporarily.
The justices will hear oral arguments next spring in Trump v. Barbara, with a decision expected by late June 2026. This marks the first time the court will address the merits of Trump's birthright citizenship policy.
READ MORE: Trump Administration Asks SCOTUS to Weigh in on Birthright Citizenship Ban
According to the executive order signed January 20, the federal government will not issue citizenship documents to children born on U.S. soil unless at least one parent is a U.S. citizen or permanent resident. The order excludes children born to parents on temporary visas or without legal immigration status.
What Lower Courts Have Ruled
Federal courts have unanimously blocked the order from taking effect. Judges ruled the policy violates the 14th Amendment's citizenship clause, which grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof."
The 14th Amendment was passed after the Civil War in 1868. The Supreme Court established how birthright citizenship works in the 1898 case United States v. Wong Kim Ark, ruling that children born in the U.S. to permanent legal residents automatically receive citizenship.
Administration's Legal Argument
Trump administration attorneys argue that parents in the country temporarily aren't "subject to the jurisdiction" of the United States, so the 14th Amendment doesn't apply to their children. Officials also say current practices enable "birth tourism." The Center for Immigration Studies estimates more than 20,000 such cases happen each year.
The case puts executive authority against constitutional interpretation. More than 22 states and multiple immigrants' rights organizations have sued to permanently block the executive order.
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