The Supreme Court’s decision on whether to hear the case could come by summer 2026
President Donald Trump is urging the Supreme Court to take up his executive order seeking to limit birthright citizenship, after lower courts blocked it again in July.
On his first day in office, Trump signed the order declaring that only children born to parents with permanent legal status are eligible for citizenship.
Soon, a judge issued a nationwide injunction against it, which the Supreme Court lifted in June.
However, two federal courts blocked Trump’s order again, stating it likely violates the 14th Amendment, which has guaranteed citizenship to anyone born on US soil since 1868.
Now, Solicitor General John Sauer asked the justices to expedite Trump’s appeal, calling the issue critical to border security.
Critics, including the ACLU, argue the order is unconstitutional and would strip rights from hundreds of thousands of US-born children each year.
The Supreme Court’s decision on whether to hear the case—and potentially reshape longstanding legal precedent—could come by summer 2026.