On January 20, 2025, President Donald Trump signed an
executive order
that aimed to end birthright citizenship in the United States—a policy established by the 14th Amendment of the U.S. Constitution. Despite Trump’s efforts, federal courts have consistently struck down the order. It now faces scrutiny in the Supreme Court, where a potential
decision
appears likely to rule against Trump’s policy.
The cornerstone of the case rests on the 14th Amendment’s citizenship clause, ratified in 1868, which grants citizenship to anyone born in the United States and subject to its jurisdiction. Originally, this provision was designed to overrule the 1857 Supreme Court decision in
Dred Scott v. Sandford, affirming citizenship for Black people once enslaved in the U.S. However, for more than a century, it has been understood to confer citizenship on almost everyone born in the United States, subject to a few narrow exceptions.
Representing the Trump administration, U.S. Solicitor General D. John Sauer argued that the 14th Amendment’s original intention was to provide citizenship primarily to formerly enslaved individuals and their descendants. Sauer contended that the children of temporary visitors and undocumented immigrants should not automatically gain citizenship, citing “birth tourism” as a modern concern. However, Sauer’s arguments were met with skepticism from several justices.
Challenges to the executive order emerged across the United States, starting with federal judge John Coughenour in Seattle, who called it “blatantly unconstitutional.” Eventually, the case reached the Supreme Court, where arguments centered around the scope and interpretation of the
Wong Kim Ark
decision from 1898. In that historic case, the court unanimously ruled that a man born to non-citizen parents in the U.S. was indeed a U.S. citizen.
Among noteworthy courtroom interactions, Justice Elena Kagan challenged Sauer’s arguments, pointing out the enduring historical tradition of birthright citizenship embedded in U.S. law. Justice Kavanaugh further dismissed comparisons with international practices, asserting the supremacy of U.S. legal precedents and history.
The Court’s decision is eagerly anticipated by late June or early July, and the outcome will determine the future of birthright citizenship in the U.S., potentially impacting thousands born within its borders to non-citizen and temporary-resident parents.