Supreme Court to hear case on Trump’s birthright citizenship order

When Trump took office in January 2025, he immediately signed an executive order restricting the birthright citizenship of children born in the US.

- MICHAEL J. GURFINKEL, ESQ

Under that executive order, a child born after February 2025 would be considered a US citizen at birth only if at least one parent was either a US citizen or a lawful permanent resident. As a result, children born to parents who were out of status or in the US on temporary, non-immigrant visas (such as visitors, students, temporary workers, etc.) would not be US citizens at birth.

Almost immediately, there were legal challenges, stays and injunctions blocking the enforcement of that executive order. Now, the US Supreme Court has decided to take up the case and decide the constitutionality of Trump’s executive order and whether the 14th Amendment provides for US citizenship to children born in the US to parents who were not US citizens or lawful permanent residents but instead were out of status or non-immigrants. A decision is expected by June 2026.