The US Supreme Court has agreed to hear a landmark case challenging the legality of President Donald Trump’s directive to restrict birthright citizenship—one of the most contentious elements of his renewed effort to tighten US immigration policy.
The justices on Friday accepted an appeal filed by the Justice Department after a lower court blocked Trump’s executive order instructing federal agencies not to recognise the citizenship of children born on US soil unless at least one parent is an American citizen or lawful permanent resident.
The decision to take up the case places the Supreme Court at the centre of a constitutional battle that could redefine a long-standing interpretation of the 14th Amendment, adopted in 1868 after the Civil War.
The lower court had ruled that Trump’s policy violated both the 14th Amendment and federal law, siding with parents and children whose citizenship rights were threatened. The plaintiffs—represented in a nationwide class action—argued that the president had overstepped his authority by attempting to alter a constitutional guarantee.
The justices are expected to hear arguments during their current term, with a final ruling anticipated by the end of June. A date for oral arguments has not been set.
Trump signed the directive on 20 January, his first day back in office, as part of a sweeping set of measures aimed at reducing both legal and illegal immigration—issues that have fuelled political division throughout his presidency. Critics accuse him of using immigration policy to target racial and religious minorities.
For more than a century, the 14th Amendment has been widely understood to grant automatic citizenship to anyone born in the United States. But the Trump administration argues that the clause does not apply to the children of immigrants who are in the country illegally or temporarily, such as students or people holding work visas.
White House spokesperson Abigail Jackson said the case will have enormous consequences for the security of all Americans and the sanctity of American citizenship.
“This case will have enormous consequences for the security of all Americans, and the sanctity of American citizenship. The Trump administration looks forward to making its case on the issue of birthright citizenship on behalf of the American people,” Jackson said.
Civil rights groups strongly disagree. Cecillia Wang, national legal director of the American Civil Liberties Union and lawyer for the plaintiffs, said: “No president can change the 14th Amendment’s fundamental promise of citizenship. We look forward to putting this issue to rest once and for all in the Supreme Court this term.”
The administration argues that longstanding interpretations of birthright citizenship have encouraged illegal immigration and created opportunities for so-called “birth tourism,” where expectant mothers travel to the US to secure citizenship for their children.
Opponents of Trump’s order point to United States v. Wong Kim Ark, an 1898 Supreme Court decision that has long been interpreted as establishing that children born in the US to non-citizen parents are entitled to citizenship under the 14th Amendment.
They also argue that Trump’s directive violates federal law, specifically the Immigration and Nationality Act, which codifies the established interpretation of the Citizenship Clause.
This is not the first time the Supreme Court has been drawn into Trump’s fight over birthright citizenship. Earlier this year, the administration challenged the authority of lower courts to issue nationwide injunctions against presidential policies. In June, the Supreme Court—led by its conservative majority—limited the scope of such injunctions but left the underlying citizenship question unresolved.
The court has sided with Trump in several recent immigration-related disputes, allowing contested policies to take effect while legal battles continue. These include ending humanitarian legal protections for hundreds of thousands of migrants, expanding deportation powers, and permitting aggressive domestic enforcement actions.
Now, with the issue of birthright citizenship before the nation’s highest court, a defining constitutional question is set for resolution—one that could shape the legal framework of American identity for generations.
Melissa Enoch
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