Supreme Court Birthright Citizenship 2025: Takes Up Trump Order – 14th Amendment Clash
The U.S. Supreme Court has agreed to review President Donald Trump’s controversial executive order limiting birthright citizenship. This 6-3 decision sets up a landmark case on the 14th Amendment. It could redefine who gets U.S. citizenship at birth.
The order aims to restrict citizenship for children of non-citizens. Trump argues it restores the amendment’s original meaning. Critics say it violates over 150 years of law and tradition.
Background on the Trump Executive Order Citizenship Case
Birthright citizenship comes from the 14th Amendment. It says all persons born in the U.S. are citizens. This was added after the Civil War to protect freed slaves and their children.
Trump’s order changes this. It limits citizenship to those with at least one U.S. citizen or permanent resident parent. It excludes babies of temporary visitors or undocumented immigrants.
The case from New Hampshire involves two infants affected by the order. The ACLU represents them. Lower courts blocked the policy nationwide. The Supreme Court will hear arguments soon.
• 14th Amendment: “All persons born… in the United States… are citizens”
• Exceptions: Children of diplomats or invading forces
• Trump’s argument: “Subject to jurisdiction” means parental allegiance
• ACLU: Violates Wong Kim Ark 1898 ruling
Source: Court filings
Historical Context: Wong Kim Ark Citizenship Ruling
A key precedent is United States v. Wong Kim Ark (1898). The court ruled a child born in San Francisco to Chinese immigrant parents was a citizen. This affirmed birthright for most U.S.-born babies.
Trump’s team calls this a “mistaken view” with “destructive consequences.” They push a fringe theory from anti-immigration groups. Legal scholars across ideologies reject it.
Reactions and Implications for 2026 Elections
White House spokeswoman Abigail Jackson welcomed the review. “The Trump Administration looks forward to making its case.” Attorney General Pam Bondi said federal courts can’t interfere with state election laws.
ACLU’s Cecilia Wang called it a threat to national tradition. “We look forward to putting this issue to rest.” Democrats fear it disenfranchises millions. Republicans see it as immigration reform.
The ruling could come by June 2026. It may test the court’s conservative majority. Trump has won most executive power cases so far. But birthright citizenship is a constitutional bedrock.
What This Means for Immigrants and Families
If upheld, the order affects thousands yearly. Families split across borders face uncertainty. Voting rights groups predict lawsuits under the Voting Rights Act.
Democrats in states like California may draw counter-maps. This adds to midterm tensions. Watch for more challenges on tariffs and firings at the court.
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