The move directly challenged the long-standing interpretation that the 14th Amendment guarantees citizenship to anyone born on US soil
The Supreme Court said today it will hear a major case on the legality of President Donald Trump’s ban on birthright citizenship, setting up a high-stakes battle over who qualifies as an American.
The Trump administration pushed the court to fast-track the case after lower courts blocked the policy as unconstitutional.
On the first day of his second term, Trump ordered agencies to stop issuing citizenship documents to children born to non-citizens “unlawfully present” in the US, or to parents in the country temporarily, such as tourists.
The move directly challenged the long-standing interpretation that the 14th Amendment grants citizenship to anyone born in the US.
Solicitor General D. John Sauer argued that this reading is “mistaken,” claiming the amendment’s original purpose was to cover enslaved people and their children formerly.
Most legal experts disagree, citing a 1898 Supreme Court ruling affirming birthright citizenship. In 2023, about 250,000 babies were born to mothers without permanent status.