The Digester
politics

Supreme Court to hear challenge to Trump's order ending birthright citizenship

The Supreme Court will decide whether President Trump's executive order can lawfully narrow the 14th Amendment's Citizenship Clause to deny citizenship to children of undocumented or temporary residents, with lower courts having blocked the measure and a ruling due by late June or early July.

Apr 1st 2026 · United States

Insights

  • Case asks whether the 14th Amendment and federal law guarantee citizenship to nearly all babies born in the United States.
  • Trump's executive order would deny citizenship to children born to undocumented immigrants and many temporary residents.
  • Lower courts blocked the order as likely unlawful and the Supreme Court expedited review by taking the case directly.
  • Solicitor General argues the 14th Amendment was meant for freed slaves and their children and does not cover children of transient parents.
  • Opponents and precedent such as Wong Kim Ark say the Clause confers birthright citizenship and that the order would upend settled law.
  • More than 250,000 U.S. births a year could be affected and the president is reported to plan to attend the oral arguments; a decision is expected by late June or early July.

Sources