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By Tahar Rajab
News and Features Journalist
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Amid a charged legal battle over immigration powers, the U.S. Supreme Court is considering a challenge to nationwide injunctions that have blocked President Donald Trump's executive order aimed at ending birthright citizenship for children of undocumented immigrants.
The outcome of this case could significantly affect who is entitled to automatic citizenship under the 14th Amendment and whether federal judges can halt presidential actions across the country.
The hearing, held during an unusual May session, comes after three federal judges blocked Trump's January 2025 executive order declaring that children born in the United States to undocumented immigrants would not be granted U.S. citizenship.
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Trump has argued that such children are not "subject to the jurisdiction" of the United States, citing a disputed interpretation of the 14th Amendment. Legal experts overwhelmingly say this stance contradicts established constitutional protections.
What Is the 14th Amendment?
The 14th Amendment to the Constitution, ratified in 1868, established that "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."
This language became the legal foundation of birthright citizenship, affirming the rights of formerly enslaved individuals and anyone else born on U.S. soil.
The phrase "subject to the jurisdiction thereof" has long been interpreted to exclude only children of foreign diplomats or enemy combatants, not undocumented immigrants. The Supreme Court reinforced this interpretation in United States v. Wong Kim Ark (1898), when it ruled that a child born in the U.S. to Chinese parents was a citizen, despite anti-immigration laws at the time.
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What Is the Supreme Court Hearing on Birthright Citizenship?
Trump's executive order, issued within hours of his return to the White House in January, prompted a series of lawsuits from immigrant advocacy groups and over 20 states. These led to federal courts in Maryland, Massachusetts and Washington issuing nationwide injunctions against the policy. The administration responded by challenging the legality of those universal injunctions, arguing that they restrict the president's ability to govern.
The case now before the Supreme Court centers not on the citizenship status itself, but on whether lower courts have the authority to issue nationwide blocks on executive action.
What Happens if Birthright Citizenship Is Revoked?
Legal scholars warn that revoking birthright citizenship would likely require a constitutional amendment, an arduous process involving approval by two-thirds of Congress and ratification by three-fourths of the states. If the current executive order were enforced, it could create a generation of stateless children.
There is no assurance that the parents' countries of origin would accept these children, leaving uncertainty over where the U.S. government could legally deport them.
List of Countries With Birthright Citizenship
Unrestricted birthright citizenship, or jus soli, is relatively rare globally. The U.S. remains one of about 30 countries that offer automatic citizenship to all individuals born on their soil, regardless of parental status. Others include:
- Canada
- Mexico
- Brazil
- Argentina
- Pakistan
- Jamaica
In contrast, most European countries have moved toward jus sanguinis, which bases citizenship on parentage rather than birthplace. For example, in Germany, a child born to non-citizen parents must meet certain residency requirements before obtaining citizenship. France also imposes conditions, such as a parent's length of stay in the country.
As the Supreme Court deliberates on the scope of judicial power, the broader implications for citizenship and civil rights remain under scrutiny. The Court has not indicated when a decision will be made.
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