The Supreme Court of the United States announced on Friday that it will hear oral arguments in a landmark case concerning the constitutionality of former President Donald Trump's executive order on birthright citizenship. This sets the stage for a major legal battle over a core provision of the U.S. Constitution.
An Order Challenging a Constitutional Cornerstone
Trump signed the highly contentious executive order on his first day in office, purporting to end the long-standing practice of birthright citizenship. The order declared that children born to parents in America illegally or temporarily would not be recognized as U.S. citizens.
This policy directly challenges the 14th Amendment of the Constitution, ratified in 1868, which states: "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." For over a century, this clause has been interpreted to grant citizenship to nearly everyone born on U.S. soil.
A Rocky Path Through the Lower Courts
Since its signing, Trump's attempt to unwind this settled law has faced significant legal blowback. The executive order was blocked no less than four times at the district court level. A federal appeals court also struck it down as unconstitutional, preventing it from taking effect nationwide.
Faced with a series of nationwide injunctions from lower courts, the Trump administration shifted its legal strategy. In March, the president asked the Supreme Court not to rule directly on the merits of the birthright citizenship order itself. Instead, he sought to vastly restrict how lower courts can issue nationwide injunctions, arguing that only individuals directly impacted in a specific legal venue should be allowed to sue.
A Strategic Win and the Road Ahead
The high court largely sided with the administration on the issue of injunctions. While some class-action lawsuits challenging the birthright order were allowed to proceed, the ruling significantly limited the public's ability to broadly challenge government overreach through the courts. Trump hailed this procedural decision as a "GIANT WIN" on his Truth Social platform.
The specifics of Trump's order are sweeping. As reported, it declared that any child born in the U.S. to an undocumented person starting 30 days from January 20, 2025, would not be considered an American citizen. The order's reach also extended to children of women in the U.S. "unlawfully" and children whose mothers are present on a temporary legal basis, like a visa, if the father was not a U.S. citizen or lawful permanent resident at the time of birth.
The Supreme Court's decision to hear arguments marks a critical juncture. The outcome could redefine a fundamental aspect of American citizenship and immigration policy, with potential ripple effects that extend far beyond U.S. borders, including to close ally and neighbour Canada, where immigration policy is also a perennial topic of debate.
