What to know about the legal fight over Trump's birthright citizenship order

CBS News
March 30, 2026
4 min read

Quick Insights

The Bottom Line

The Supreme Court will hear arguments Wednesday on whether Trump's executive order to end birthright citizenship is constitutional.

How This Affects You

If upheld, children born in the U.S. to non-citizen parents would lose automatic citizenship, potentially affecting hundreds of thousands of births annually and creating legal uncertainty for families.

AI Summary

The Supreme Court will hear arguments Wednesday on the constitutionality of President Trump's executive order to end birthright citizenship, a policy that would deny automatic citizenship to children born in the U.S. to non-citizen parents. The order directly challenges the 14th Amendment's citizenship clause, which has granted birthright citizenship since 1868 and has been interpreted by courts to apply to virtually all children born on U.S. soil regardless of parental immigration status. The case represents one of the most significant constitutional battles of Trump's second term, with the outcome likely to reshape immigration policy and citizenship law for millions of Americans. Legal experts have emphasized that the 14th Amendment's language appears to provide citizenship to "all persons born or naturalized in the United States," making the order's legal standing uncertain. The justices' decision could either uphold Trump's authority to redefine citizenship through executive action or strike down the order as unconstitutional overreach.

What's Being Done

The Supreme Court will hear oral arguments Wednesday on the constitutionality of the order.

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