Supreme Court Tackles Trump’s Birthright Citizenship Order

On May 15, 2025, the U.S. Supreme Court heard arguments regarding President Donald Trump’s controversial executive order aimed at restricting birthright citizenship, a right enshrined in the 14th Amendment. 

The order seeks to deny automatic citizenship to children born in the U.S. to undocumented immigrants or temporary visa holders, challenging over a century of legal precedent established by the 1898 case United States v. Wong Kim Ark. 

The court’s session focused not only on the order’s constitutionality but also on the broader issue of nationwide injunctions issued by lower courts to block Trump’s policies.

Plaintiffs, including 22 state attorneys general and immigrant rights groups, argue the order violates the 14th Amendment, which guarantees citizenship to anyone born on U.S. soil, regardless of parental status. 

They estimate that over 150,000 newborns annually could lose citizenship if the order is enforced. Justices, including Sonia Sotomayor and Elena Kagan, expressed skepticism about the order’s legality, citing clear constitutional language and historical precedent. 

However, some conservative justices appeared open to limiting the scope of nationwide injunctions, suggesting class-action lawsuits as an alternative remedy.

The Trump administration, represented by Solicitor General D. John Sauer, contends that the 14th Amendment does not apply to undocumented immigrants or temporary residents, a stance that has drawn sharp criticism for contradicting established law. 

Protesters gathered outside the court, chanting in support of birthright citizenship, while advocates like the ACLU warned that lifting injunctions could allow partial enforcement, creating legal chaos. The court’s decision, expected later this year, could reshape immigration policy and judicial power, with far-reaching implications for millions of U.S.-born children.