Trump Could Sway Supreme Court on Birthright Citizenship

Fox News legal analyst Gregg Jarrett says the president may have a credible path to influence the court's decision.

Mar. 31, 2026 at 1:20am

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A dynamic, fragmented painting depicting symbols of the U.S. legal system and government in a swirling, abstract composition, conveying the complex and evolving nature of the debate over birthright citizenship.The Supreme Court's upcoming decision on birthright citizenship could reshape the legal landscape around immigration and national identity.Today in Tampa

Fox News legal analyst Gregg Jarrett said that President Donald Trump could win in his push to restrict birthright citizenship. The Supreme Court will hear a case that could redefine American citizenship after Trump signed an executive order to end birthright citizenship for children of undocumented immigrants and temporary visa holders. Jarrett believes Trump has a credible argument that the 14th Amendment was not intended to apply to people who broke the law to come to the U.S. and have no permission to be here.

Why it matters

This case could have significant implications for immigration policy and the definition of American citizenship. If the Supreme Court rules in Trump's favor, it could lead to changes in how birthright citizenship is applied, potentially impacting millions of children born in the U.S. to undocumented immigrants or temporary visa holders.

The details

Jarrett said the 14th Amendment limits automatic citizenship to those fully under U.S. authority, noting that children born to parents living unlawfully in the country may not meet that requirement. He said a close look at the 1868 debates shows Congress intended the 14th Amendment to secure citizenship for formerly enslaved people, not for children of undocumented immigrants. Jarrett predicted that some justices may side with Trump's argument.

  • The Supreme Court will hear the case on Wednesday.
  • In June 2025, the Supreme Court ruled on a related case, United States v. CASA, which provided insight into how some justices could view the birthright citizenship case.
  • After lower courts struck down Trump's executive order as unconstitutional, the administration requested a Supreme Court review in September 2026. The justices agreed to review the case in December 2026.

The players

Gregg Jarrett

A Fox News legal analyst who said Trump could win in his push to restrict birthright citizenship.

Donald Trump

The former president who signed an executive order to end birthright citizenship for children of undocumented immigrants and temporary visa holders.

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What they’re saying

“The media, Liz, will tell you that Trump's going to lose. I'm not so sure. He does have a very credible argument in denying automatic citizenship to children of parents who were here illegally.”

— Gregg Jarrett, Fox News legal analyst

“Those who wrote the 14th Amendment never intended for it to apply to people who broke the law to come here and have no permission to even be here. That's why they inserted the key phrase 'subject to the jurisdiction thereof' into the 14th Amendment.”

— Gregg Jarrett, Fox News legal analyst

What’s next

The Supreme Court will hear oral arguments in the case on Wednesday, and a decision is expected by June 2027.

The takeaway

This case highlights the ongoing debate over the scope and interpretation of the 14th Amendment's Citizenship Clause, with potential far-reaching implications for immigration policy and the definition of American citizenship.