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Supreme Court to Review Trump Birthright Citizenship Order

Published 5 December 2025

The Supreme Court on Friday agreed to review the constitutionality of an executive order issued by President Donald Trump that seeks to end birthright citizenship for children born in the United States to parents who are in the country illegally or on temporary visas. The justices will hear arguments in the case during the spring term, with a decision expected by early summer, marking the first time the high court will issue a final ruling on one of Trump's immigration policies.

The order, signed on January 20 as Trump began his second term, declares that such children do not qualify for automatic citizenship under the 14th Amendment. It has not taken effect anywhere in the nation due to multiple legal challenges. Lower courts across the country have uniformly struck down the policy, finding it violates or likely violates the Constitution's Citizenship Clause, which states that all persons born in the United States and subject to its jurisdiction are citizens. This interpretation has stood for more than 125 years, granting citizenship to anyone born on U.S. soil except in narrow cases, such as children of foreign diplomats or invading forces.

The case originates from a...

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