The Case That Could Upend Who Gets to Be an American Is Back at the Supreme Court
Quick Insights
The Bottom Line
Supreme Court will decide if the 14th Amendment guarantees citizenship to U.S.-born children of undocumented immigrants.
How This Affects You
If the Court sides with the Trump administration, millions of children born in the U.S. could lose automatic citizenship rights, affecting legal status, education access, and social benefits for families with undocumented members.
AI Summary
The Trump administration's executive order denying birthright citizenship to U.S.-born children of undocumented immigrants and non-green card holders returns to the Supreme Court next week in Trump v. Barbara, with oral arguments scheduled for April 1. The administration claims the 14th Amendment's citizenship clause—ratified in 1868 to overturn the Dred Scott decision—was intended only to protect descendants of former slaves, not children of undocumented immigrants, though constitutional scholars and historians overwhelmingly reject this reading. Lower courts have already struck down the executive order as unconstitutional, finding it contradicts the amendment's plain text and a century of precedent dating to Wong Kim Ark, which upheld birthright citizenship for children of Chinese immigrants despite anti-Chinese sentiment. The Supreme Court will now decide whether the 14th Amendment's guarantee that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens" applies to the children in question. The case marks a significant challenge to what has been settled constitutional law since the 19th century.
What's Being Done
The Supreme Court will hear oral arguments April 1 in Trump v. Barbara after lower courts struck down the executive order as unconstitutional.
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