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Birthright citizenship in question as Supreme Court takes up Trump’s case

The justices will examine the legality of Trump’s executive order and the use of nationwide injunctions by lower courts that block the policy.
President Donald Trump speaks during a meeting with Norwegian Prime Minister Jonas Gahr Støre during a bilateral meeting in the Oval Office of the White House, Thursday, April 24, 2025, in Washington.
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The Supreme Court will hear a case on Thursday tied to President Donald Trump's plan to end birthright citizenship.

Birthright citizenship grants legal citizenship to all children born in the U.S., regardless of their parents' citizenship.

The Court previously deferred Trump’s request to enforce the plan. Now, the justices will hear arguments regarding his request to restrict orders by lower court judges, which could impact the citizenship case.

At issue is the method of nationwide injunctions that lower court judges have used to block Trump's plan to eliminate birthright citizenship.

President Trump signed an executive order on his first day in office that would no longer automatically grant citizenship at birth to children of immigrants in the U.S. without legal status.

RELATED STORY | Trump administration asks Supreme Court to partly allow birthright citizenship restrictions

One day later, 22 states signed onto lawsuits to stop the order from being enforced.

The Democratic-led states argue that birthright citizenship is a right for all people born in the U.S. under the 14th Amendment, which was enacted in 1868.

The first section of the 14th Amendment says, "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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

But President Trump and his allies argue that birthright citizenship allows migrants living in the U.S. illegally to remain in the country if they give birth to a child who becomes a U.S. citizen.

Multiple attorneys general disagree with President Trump's interpretation of the 14th Amendment.

According to Pew Research, there are about 4.4 million U.S.-born children under 18 living with an unauthorized immigrant parent. Pew also states that as of 2022, there are 11 million unauthorized immigrants living in the U.S., representing 3.3% of the population.

Thursday's hearing will mark the first Supreme Court oral arguments regarding any second-term Trump initiative since his inauguration.