On Friday, the Supreme Court announced it will hear oral arguments regarding the constitutionality of President Donald Trump’s executive order, which asserts that children born in the U.S. to parents who are undocumented or temporarily present would not automatically be granted citizenship. This executive order was signed on Trump's first day in office and seeks to revise the interpretation of birthright citizenship as defined by the 14th Amendment of the U.S. Constitution.
The 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Since its enactment, Trump's order has faced considerable legal challenges. Various lower courts have ruled it unconstitutional, leading to multiple injunctions that prevented the order from taking effect.
In response to these legal setbacks, the Trump administration sought a different approach by asking the Supreme Court to limit the issuance of nationwide injunctions by district courts, proposing that only individuals directly affected by a law should have the standing to challenge it. The Supreme Court's ruling largely sided with the administration, which was seen as a significant shift in how government actions could be contested.
The executive order specifies that children born in the U.S. to undocumented parents or to those in the country temporarily would not be considered U.S. citizens if born after January 20, 2025. Legal advocates, including representatives from the Legal Defense Fund and the ACLU, have expressed their intent to challenge this order in the Supreme Court, emphasizing the importance of upholding the constitutional rights related to citizenship. The Supreme Court is set to hear the case next year, although a specific date has yet to be determined.