The Case That Could Upend Who Gets to Be an American Is Back at the Supreme Court

Mother Jones
by Isabela Dias
March 24, 2026
7 min read

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.

Source Coverage Map

8 of 43 tracked sources covered this story

Overlooked Story
19% coverage
Did Not Cover (35)
ICIJ97AP World News96AP News96AP Top News96ProPublica95+30 more

Following this story?

Get notified when new coverage appears

Other Sources Covering This Story

5 sources

Multiple outlets have reported on this story. Compare perspectives from different sources.

Should this be getting more attention?

You Might Have Missed

Related stories from different sources and perspectives

LISTEN LIVE: Supreme Court considers late-arriving mail ballot laws in case that may affect midterms
Politics

LISTEN LIVE: Supreme Court considers late-arriving mail ballot laws in case that may affect midterms

Voters in 14 states who cast their votes by mail have been given a grace period ranging from a day later to several weeks in which their ballots can be received and counted. Whether that extra time should be allowed is at the heart of a case that will be argued Monday before the U.S. Supreme Court.

PBS NewsHourMar 22
‘Embodied the American dream’: Sandra Day O’Connor remembered at Supreme Court
Politics

‘Embodied the American dream’: Sandra Day O’Connor remembered at Supreme Court

The late Justice Sandra Day O’Connor’s clerks and top Justice Department officials gathered at the Supreme Court on Thursday to pay tribute to her as a barrier-breaking, tireless advocate for civics and those around her at a formal memorial.  “Justice O’Connor’s life embodied the American dream,” Attorney General Pam Bondi told the justices in a special session of the court. O’Connor, the first…

The HillMar 19
US Supreme Court conservatives lean toward Republican bid to limit mail-in voting - Reuters
Politics

US Supreme Court conservatives lean toward Republican bid to limit mail-in voting - Reuters

<a href="https://news.google.com/rss/articles/CBMisgFBVV95cUxOX3JjeWJJX2dwT2dRbmFSck42Rmt5T045VWotRGtxZklSU1FmVTMxQVBmZnZTaGhyaGI4SnN0azRZdWU4ZDBrMVpYcHZTN3hkUGo0T2Y5SnZ6d1ltc29xN2hycU1oTHFQcGJDUnZTWE9JTG9pSzJWRlpSRnZiX3pXWV82Y2dkWjkyYllJWS1qcFhZY2NTa19xTTZrTzFYNnd4MmoybXI0dUc5X3JiOXE3ZUFn?oc=5" target="_blank">US Supreme Court weighs Republican bid to limit mail-in voting</a>&nbsp;&nbsp;<font color="#6f6f6f">Reuters</font>

ReutersMar 23
As Trump blocks asylum seekers, Supreme Court to decide if US must review claims
Civil Rights

As Trump blocks asylum seekers, Supreme Court to decide if US must review claims

A major legal battle over the ability of asylum seekers to apply for refuge in the U.S. at ports of entry along the border with Mexico lands at the Supreme Court.

ABC NewsMar 24
Supreme Court declines to review press freedom case - NPR
Politics

Supreme Court declines to review press freedom case - NPR

NPRMar 23
Supreme Court revives suit from evangelical Christian challenging restrictions on demonstrations - AP News
Civil Rights

Supreme Court revives suit from evangelical Christian challenging restrictions on demonstrations - AP News

<a href="https://news.google.com/rss/articles/CBMipAFBVV95cUxPb1c3NVprZEgyLTFRc2g2MWNORk5LaUFuZmJPQVphdXkyRFJkOEwtNk5ha0IxMW9mT19LSnJDdmcwcnRqWmpxa2phSlM1NDViQV9iVkx1NE4ya0psc2ZmYVlzU0d6OENnRlA1MWpSbjIyTk1uSXF2d2hqdVpQZXVnM2JUemhBVVFtcnZTU2Iwd1NFU2QzSWZJRGxPclpha1JLYS13Ug?oc=5" target="_blank">Supreme Court revives suit from evangelical Christian challenging restrictions on demonstrations</a>&nbsp;&nbsp;<font color="#6f6f6f">AP News</font>

AP NewsMar 20
Read Next
California sheriff running for governor seizes more than a half million ballots from 2025 election - CNN
Politics

California sheriff running for governor seizes more than a half million ballots from 2025 election - CNN

<a href="https://news.google.com/rss/articles/CBMif0FVX3lxTFBEMjByeGFrbmFwcTZyamYwcUMyRURkTWVZbURwVU96MEVsdDh5QzZ0TXExRnZTYnJNNm9ZX3dYMHNtaWFTdk9FUEU4bVZYMTg0cGxPVEVralJrOU1NcUhCaDd2MzNVSzRRWktZVjRwWEZqNEY3bGducE9sRGFSOW8?oc=5" target="_blank">California sheriff running for governor seizes more than a half million ballots from 2025 election</a>&nbsp;&nbsp;<font color="#6f6f6f">CNN</font><strong><a href="https://news.google.com/stories/CAAqNggKIjBDQklTSGpvSmMzUnZjbmt0TXpZd1NoRUtEd2o1bWJqZ0VCRzVXalFTRlpRbHVpZ0FQAQ?hl=en-US&gl=US&ceid=US:en&oc=5" target="_blank">View Full Coverage on Google News</a></strong>

Continue reading

Did this story change how you see things?

Stories like this only matter when people see them. Help us get verified journalism in front of more eyes.

Share this story

Get the daily digest

Save for later

The Verity Ledger curates verified investigative journalism from trusted sources only.

See our sources