Supreme Court Hears Trump Bid to End Birthright Citizenship

Landmark case could impact millions of Americans born to noncitizen parents.

Apr. 1, 2026 at 8:31pm

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The U.S. Supreme Court is hearing a case that could determine whether the longstanding legal precedent of birthright citizenship will continue or if sweeping bureaucratic changes that could impact millions will soon take effect. President Donald Trump is asking the justices to uphold his executive order eliminating birthright citizenship under a novel interpretation of the 14th Amendment.

Why it matters

The case has far-reaching implications, as an estimated 255,000 children born every year on U.S. soil to noncitizen parents could lose legal status under Trump's order. Immigrant advocates and civil liberties groups argue the order is unconstitutional and would unleash 'chaos' nationwide, with children potentially being stripped of citizenship and subject to arrest, detention, and deportation.

The details

Trump argues children born to parents who are not American citizens or legal permanent residents were never considered 'subject to the jurisdiction' of the U.S. because they still owe political 'allegiance' to a foreign nation. However, courts and the government have repeatedly interpreted the 14th Amendment to unambiguously confer citizenship on all children born on U.S. soil, including to babies of unauthorized noncitizens and temporary residents.

  • The Supreme Court heard oral arguments in the case on March 31, 2026.
  • Trump posted about the case on social media on April 1, 2026.

The players

Donald Trump

The former president who issued the executive order to eliminate birthright citizenship.

Cody Wofsy

An ACLU attorney leading the case against Trump's executive order.

Anisa Rahm

The legal director of the South Asian American Justice Collaborative.

Winnie Kao

An attorney with the Asian Law Caucus, one of the groups that brought a class-action suit against the administration over the order.

Brett Kavanaugh

A Supreme Court justice who voiced concern about the government's ability to carry out citizenship checks for parents of newborns.

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What they’re saying

“The impacts on this country would be catastrophic.”

— Cody Wofsy, ACLU attorney

“Babies [born to parents] from countries like Nepal, Afghanistan, Bhutan, where there is not a clear pathway to citizenship in their home countries. So therefore, where do they belong?”

— Anisa Rahm, Legal director, South Asian American Justice Collaborative

“The citizenship of other Americans could be called into question. Vast swaths of U.S. law would need to be reexamined because they are premised on birthright citizenship. It will also be a total administrative and bureaucratic nightmare for everyone — even for parents who are U.S. citizens.”

— Winnie Kao, Attorney, Asian Law Caucus

“How? For all the newborns? Is that how it's going to work?”

— Brett Kavanaugh, Supreme Court Justice

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 highlights the ongoing debate over immigration policy and the scope of birthright citizenship in the United States. A ruling against birthright citizenship could have far-reaching consequences, potentially stripping citizenship from millions of Americans and creating significant administrative and legal challenges.