Birthright Citizenship in the U.S. Is Coming to an End? Trump Appeals to Supreme Court

The Trump administration has asked the U.S. Supreme Court to decide whether President Donald Trump can end birthright citizenship. The move comes after lower courts blocked his executive order that aimed to deny automatic citizenship to some children born in the country.

This appeal could set up one of the most consequential immigration battles in decades. If the high court agrees to hear the case, it will review whether the 14th Amendment protects citizenship for children born in the U.S. regardless of their parents’ immigration status.

Trump’s Push to Redefine Birthright Citizenship

Trump signed an executive order on January 20, 2025, titled “Protecting the Meaning and Value of American Citizenship.” It directs the federal government not to issue citizenship documents to children born on U.S. soil if their parents are in the country unlawfully or temporarily.

The administration argues that the 14th Amendment’s Citizenship Clause has been misunderstood for over a century. U.S. Solicitor General D. John Sauer said in the appeal that the landmark Supreme Court case U.S. v. Wong Kim Ark (1898) only protected children born to parents with “permanent domicile and residence” in the U.S. Lower courts have rejected this reading, calling Trump’s interpretation unconstitutional.

In July, the Ninth Circuit Court of Appeals ruled 2-1 against the administration, stating that the order contradicts the Constitution and long-standing precedent. A separate federal judge in New Hampshire also blocked enforcement nationwide in a class-action lawsuit backed by the American Civil Liberties Union (ACLU).

Despite these setbacks, the Trump team hopes the Supreme Court will reverse the rulings. Four justices must agree to hear the case for it to move forward.

What the Decision Could Mean

If the Supreme Court sides with Trump, it would end automatic citizenship for thousands of babies born to noncitizen parents every year. Such a ruling could reshape immigration law and potentially affect millions already granted citizenship under the current system.

Legal experts warn that stripping birthright citizenship could create a class of stateless children and spark years of litigation. Civil rights groups, including the ACLU, vow to keep fighting the policy. “This executive order is illegal, full stop,” said ACLU attorney Cody Wofsy. “No baby’s citizenship should be taken away by this cruel and senseless order.”

The Supreme Court’s decision on whether to hear the case could come later this term. Birthright citizenship in the U.S. remains unchanged for now, but the legal battle is far from over.

FYI (keeping you in the loop)-

Q1: Is birthright citizenship ending in the U.S. right now?

No. The policy remains blocked by lower courts. Trump’s team is asking the Supreme Court to review it.

Q2: What does the 14th Amendment say about birthright citizenship?

It states that anyone born or naturalized in the U.S. is a citizen, with few exceptions like children of diplomats.

Q3: What is the Wong Kim Ark case?

The 1898 Supreme Court decision confirmed U.S. citizenship for children born to noncitizen parents who live permanently in the country.

Q4: Who opposes Trump’s order?

Civil rights groups, including the ACLU, Democratic-led states, and immigration advocates, have sued to block the policy.

Q5: When will the Supreme Court decide?

The court must first vote on whether to hear the case. That decision could come later this year.

References

Reuters. (2025). Trump asks Supreme Court to decide whether he can end birthright citizenship. September 26, 2025.

CNN. (2025). Trump administration appeals to Supreme Court over birthright citizenship order. September 26, 2025.

BBC News. (2025). US birthright citizenship: Trump seeks Supreme Court review. September 26, 2025.