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Supreme Court Agrees To Decide Legality Of Trump's Birthright Citizenship Order

02:28 AM, 12/06/2025
Supreme Court Agrees To Decide Legality Of Trump's Birthright Citizenship Order

The U.S. Supreme Court has agreed to hear a challenge to President Trump’s executive order limiting birthright citizenship for most children born on U.S. soil. The directive, signed hours after his second inauguration, was immediately blocked by multiple courts and found by a lower court to violate the 14th Amendment and federal law. The high court will now review a Justice Department appeal after a June ruling narrowed the scope of nationwide injunctions without resolving the constitutional question itself.

Supreme Court to Hear Challenge to Trump Order Limiting Birthright Citizenship

The U.S. Supreme Court on Friday agreed to take up a high‑stakes challenge to President Donald Trump’s executive order that seeks to sharply restrict birthright citizenship for children born on American soil.

Trump signed the directive just hours after being sworn in for a second term; it would instruct federal agencies not to recognize U.S. citizenship for most children born in the United States if neither parent is a U.S. citizen or a lawful permanent resident. The order was immediately met with legal challenges and was blocked by judges around the country.

In June, the Supreme Court ruled that some nationwide injunctions issued by lower courts exceeded their authority, but that decision did not resolve the underlying constitutional question. On Friday, the justices said they will hear a Justice Department appeal of a lower court ruling that barred federal agencies from implementing the policy.

The lower court concluded in a class‑action lawsuit filed by parents and children that the president’s policy violated the Constitution’s 14th Amendment and a federal statute that codifies birthright citizenship. The 14th Amendment’s Citizenship Clause has long been interpreted to guarantee citizenship to most people born on U.S. soil:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

The Supreme Court’s review could resolve whether the president may limit a constitutional guarantee through executive action, a decision with wide‑ranging implications for immigration policy, citizenship law and millions of people born in the United States.

What Happens Next: The court will consider the Justice Department’s appeal, and a decision is expected only after full briefing and oral argument. The case could prompt extensive legal and political debate regardless of the outcome.

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