Key arguments at play during Supreme Court hearing on birthright citizenship

CBS News
April 1, 2026
3 min read

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The Supreme Court is hearing arguments over the legality of birthright citizenship in the U.S.

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The Supreme Court is hearing arguments Wednesday on whether birthright citizenship—the automatic granting of U.S. citizenship to children born on American soil—is constitutionally guaranteed. The case centers on the 14th Amendment's citizenship clause and whether Congress has authority to limit it, a question that could fundamentally reshape immigration policy and who qualifies as a U.S. citizen. A ruling against birthright citizenship would overturn more than a century of legal precedent and potentially affect millions of Americans born to non-citizen parents. The decision will determine whether the constitutional right to automatic citizenship survives legal challenge or whether it can be narrowed or eliminated by legislation or executive action. The court's decision is expected later this term and will likely be one of the most consequential rulings on citizenship in modern American history.

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