Supreme Court Hears Arguments on Birthright Citizenship

Case challenges Trump administration's order to restrict citizenship for U.S.-born children of undocumented immigrants.

Mar. 30, 2026 at 6:43pm

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A vibrant, abstract painting featuring overlapping, geometric shapes in shades of blue, red, and yellow, conveying the dynamic and high-stakes legal battle over the future of birthright citizenship in the United States.The Supreme Court's ruling on birthright citizenship could reshape the legal landscape on immigration in America.Washington Today

The Supreme Court is hearing arguments on whether President Trump's executive order, signed on his first day back in office in 2025, which aims to restrict birthright citizenship for children of undocumented immigrants, violates the 14th Amendment and federal citizenship laws. The case presents a major test for the high court, which has previously allowed some of the administration's anti-immigration efforts to continue despite lower court rulings finding them illegal.

Why it matters

The outcome of this case could have far-reaching implications for immigration policy and the rights of millions of U.S.-born children. A ruling in favor of the Trump administration could lead to the end of birthright citizenship, a bedrock principle that has been in place for over 150 years since the ratification of the 14th Amendment.

The details

The case centers on the meaning of the phrase 'subject to the jurisdiction thereof' in the 14th Amendment's Citizenship Clause. The Trump administration argues that people in the country illegally or temporarily are not 'subject to the jurisdiction' and therefore their U.S.-born children should not be granted automatic citizenship. However, every court to have considered the issue has found the president's order to be illegal and prevented it from taking effect.

  • The Supreme Court heard arguments in the case on March 30, 2026.
  • President Trump signed the executive order on January 20, 2025, his first day back in office.

The players

President Donald Trump

The former president who issued the executive order aimed at restricting birthright citizenship.

D. John Sauer

The Solicitor General who is representing the Trump administration in the Supreme Court case.

Judge Joseph N. LaPlante

The U.S. District Judge in New Hampshire who ruled that Trump's order 'likely violates' the Constitution and federal law.

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What they’re saying

“The court should use the case to set straight 'long-enduring misconceptions about the Constitution's meaning,'”

— D. John Sauer, Solicitor General

What’s next

The Supreme Court is expected to issue a ruling on the case by the end of its current term in June 2026.

The takeaway

This case represents a major challenge to the long-standing principle of birthright citizenship in the United States. A ruling in favor of the Trump administration could have significant consequences for immigration policy and the rights of millions of U.S.-born children.