Supreme Court Considers Ending Birthright Citizenship

Trump administration argues 14th Amendment does not grant citizenship to children of temporary visitors or illegal aliens

Apr. 2, 2026 at 12:06am

Got story updates? Submit your updates here. ›

The U.S. Supreme Court is hearing a case brought by the Trump administration that seeks to eliminate birthright citizenship, which has been guaranteed by the 14th Amendment for over 150 years. The case has significant implications for millions of Americans born to non-citizen parents.

Why it matters

Birthright citizenship has been a cornerstone of American law since the 19th century, granting citizenship to anyone born on U.S. soil regardless of their parents' immigration status. Eliminating this could have far-reaching consequences for families and communities across the country.

The details

The Trump administration argues the 14th Amendment was not intended to grant citizenship to children of temporary visitors or illegal aliens. However, legal experts counter that birthright citizenship has been affirmed by the Supreme Court and is rooted in centuries-old English common law. The case has sparked debate over the scope and interpretation of the 14th Amendment.

  • The Supreme Court heard oral arguments in the case on April 2, 2026.
  • The 14th Amendment was ratified over 150 years ago in 1868.

The players

Teresa Fraga

A Pilsen resident who came to the U.S. from Mexico decades ago and has six U.S. citizen children due to birthright citizenship.

Donald Trump

The former U.S. president who is asking the Supreme Court to uphold his executive order eliminating birthright citizenship.

Ed Yohnka

A representative of the American Civil Liberties Union of Illinois, which argues that birthright citizenship is firmly established in the 14th Amendment and U.S. law.

D. John Sauer

The Solicitor General arguing on behalf of the Trump administration that the 14th Amendment was not intended to grant citizenship to children of temporary visitors or illegal aliens.

John Roberts

The Chief Justice of the U.S. Supreme Court, who questioned during oral arguments whether the Constitution can change just because the world has changed.

Got photos? Submit your photos here. ›

What they’re saying

“And the opportunity for them has been great for them.”

— Teresa Fraga, Pilsen Resident

“The question before the court is really whether or not we have been misinterpreting this amendment for 100 for 150 years.”

— Ed Yohnka, American Civil Liberties Union of Illinois

“It did not grant citizenship to the children of temporary visitors or illegal aliens, who have no such allegiance.”

— D. John Sauer, Solicitor General

“Well, it's a new world. It's the same constitution.”

— John Roberts, U.S. Supreme Court Chief Justice

What’s next

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

The takeaway

This case represents a major challenge to a fundamental tenet of American citizenship that has existed for over a century and a half. The Court's ruling could have sweeping implications for millions of families and reshape the national debate over immigration and citizenship.