Supreme Court Hears Birthright Citizenship Case

Trump administration argues 14th Amendment doesn't grant citizenship to children of undocumented immigrants or temporary visitors

Apr. 2, 2026 at 10:55am

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The Supreme Court is hearing a case brought by the Trump administration that seeks to deny U.S. citizenship to children born in the country if neither parent was a citizen or lawful permanent resident at the time of birth. The administration argues the 14th Amendment's 'subject to the jurisdiction thereof' clause should only apply to those with permanent allegiance to the U.S., not children of illegal immigrants or temporary visitors. However, legal experts warn such a framework could be broadened further by future presidents.

Why it matters

This case represents a high-profile legal challenge to the longstanding principle of birthright citizenship in the U.S., which has been in place since the 14th Amendment was ratified after the Civil War. A ruling in favor of the Trump administration could have far-reaching implications, potentially stripping citizenship from hundreds of thousands born in the country each year.

The details

The Trump administration's argument rests on a narrow interpretation of the 14th Amendment's Citizenship Clause, which Solicitor General D. John Sauer says should only apply to those with permanent allegiance to the U.S. Sauer claims the clause was intended to grant citizenship to freed slaves, not children of illegal immigrants or temporary visitors. However, legal experts argue this distinction has no basis in the text or history of the amendment.

  • The Supreme Court heard oral arguments in the case on Wednesday, April 2, 2026.
  • Trump's executive order denying birthright citizenship was issued in January 2025 but has been blocked by federal courts.

The players

D. John Sauer

Solicitor General representing the Trump administration in arguing against birthright citizenship.

Cecillia Wang

ACLU national legal director representing the challengers to Trump's executive order.

Donald Trump

Former president who issued the executive order denying birthright citizenship and is pressing the case before the Supreme Court.

Samuel Alito

Supreme Court justice who raised concerns about the "humanitarian problem" of revoking citizenship.

Brett Kavanaugh

Supreme Court justice who questioned the ACLU lawyer on the two potential paths to victory in the case.

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What they’re saying

“The Citizenship Clause was adopted just after the Civil War to grant citizenship to the newly freed slaves and their children, whose allegiance to the United States had been established by generations of domicile here.”

— D. John Sauer, Solicitor General

“Ask any American what our citizenship rule is, and they'll tell you, everyone born here is a citizen alike.”

— Cecillia Wang, ACLU national legal director

“If we're going to be honest about how to apply this interpretation to the 14th Amendment... we have to apply it going back to the very moment when the Citizenship Clause was added to the U.S. Constitution.”

— César Cuauhtémoc García Hernández, Professor of immigration law, Ohio State University

What’s next

The Supreme Court is expected to rule on the case before the end of its current term in June 2026. A majority of justices appeared skeptical of the Trump administration's arguments during oral arguments, suggesting the executive order denying birthright citizenship is likely to be struck down.

The takeaway

This case highlights the ongoing legal and political battles over immigration and citizenship in the U.S., with the Supreme Court serving as the final arbiter on the scope of the 14th Amendment's guarantee of birthright citizenship. The outcome could have significant implications for hundreds of thousands of children born in the country each year.