Supreme Court to Weigh Trump's Challenge to Birthright Citizenship

President Trump plans to attend the landmark case hearing, an unprecedented move for a sitting president.

Apr. 5, 2026 at 5:52pm by Ben Kaplan

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The U.S. Supreme Court will hear a case on Wednesday challenging the constitutionality of President Donald Trump's executive order to end birthright citizenship. Trump, who has called birthright citizenship 'one of the great scams of our time,' plans to attend the oral arguments, an unusual move for a sitting president. The case centers on whether the 14th Amendment's Citizenship Clause applies to children born in the U.S. to undocumented immigrants or those on temporary visas.

Why it matters

The outcome of this case could have far-reaching implications for millions of Americans, potentially stripping citizenship from those born in the U.S. to non-citizens. It represents a major test of the Supreme Court's interpretation of the 14th Amendment and could set a new precedent on the scope of birthright citizenship.

The details

The Trump administration argues the 14th Amendment, passed after the Civil War, was intended to address the rights of former slaves, not the children of undocumented migrants or temporary visitors. They claim anyone in the U.S. illegally or on a visa is not 'subject to the jurisdiction' of the country and therefore excluded from automatic citizenship. However, the Supreme Court rejected a similar narrow definition in an 1898 case involving a man named Wong Kim Ark, who was born in San Francisco to Chinese immigrant parents.

  • The Supreme Court will hear oral arguments in the case on Wednesday, April 5, 2026.
  • Trump signed the executive order ending birthright citizenship upon his return to the White House.

The players

Donald Trump

The 45th President of the United States who signed an executive order to end birthright citizenship, a move that was blocked by lower courts as unconstitutional.

John Sauer

The Trump administration's solicitor general who is arguing the case before the Supreme Court.

Wong Kim Ark

A man born in San Francisco in 1873 to Chinese immigrant parents, whose case in 1898 led the Supreme Court to reject a narrow definition of birthright citizenship.

Steven Schwinn

A law professor at the University of Illinois Chicago who believes the Supreme Court is likely to reject the challenge to birthright citizenship based on the court's tendency to look to 'history and tradition' in interpreting the Constitution.

American Civil Liberties Union

The organization defending birthright citizenship before the Supreme Court, arguing the Trump administration's position would 'cast a shadow over the citizenship of millions upon millions of Americans, going back generations.'

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What they’re saying

“I'm going.”

— Donald Trump, President of the United States

“This is a court that has looked to history and tradition as a significant guide in understanding the Constitution. And it would be a little surprising if, after 150 years, we suddenly discovered we were applying the Citizenship Clause all wrong.”

— Steven Schwinn, Law Professor, University of Illinois Chicago

“Children of temporarily present aliens or illegal aliens are not 'subject to' the United States' 'jurisdiction,'. A person is subject to the United States' 'jurisdiction' only if he owes sufficient allegiance to, and may claim protection from, the United States.”

— John Sauer, Trump Administration Solicitor General

“The government's baseless arguments — if accepted — would cast a shadow over the citizenship of millions upon millions of Americans, going back generations.”

— American Civil Liberties Union

What’s next

A decision in the case is expected by late June or early July 2026.

The takeaway

This landmark Supreme Court case represents a major test of the 14th Amendment's Citizenship Clause and could have profound implications for the citizenship status of millions of Americans. The outcome will shape the future of birthright citizenship in the United States.