Supreme Court to consider case on birthright citizenship

On Friday, the Supreme Court announced it will examine arguments regarding President Donald Trump's executive order that seeks to terminate birthright citizenship. The decision will focus on the interpretation of the 14th Amendment, ratified in 1868, which guarantees citizenship to individuals born in the United States.

Oral arguments are expected to be scheduled in April, with a final ruling anticipated by the end of June. The executive order, signed by Trump on January 20, aims to deny citizenship to children born on U.S. soil whose parents are undocumented immigrants or foreign visitors with limited visas.

In July, the U.S. Ninth Circuit Court of Appeals declared the order unconstitutional in a 2-1 ruling after challenges in federal district courts. The appeals court noted that the order contradicts an 1898 Supreme Court decision, which many have interpreted to exclude only children of foreign diplomats from automatic citizenship.

The relevant portion of the 14th Amendment states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

After winning the 2024 presidential election, Trump criticized the current interpretation of this clause as "ridiculous," indicating his intent to seek changes.

The executive order was originally set to take effect 30 days after the signing on the first day of Trump's second term. However, legal challenges prevented its implementation. Should the Supreme Court rule in favor of the administration, the order and the 1898 precedent could be overturned.

Author: Ava Mitchell