Supreme Court to Decide if Trump Can End Birthright Citizenship

The case, Trump v. Barbara, challenges an executive order that would redefine citizenship to exclude children born to undocumented or temporary visa holders.

Mar. 30, 2026 at 9:37pm

Got story updates? Submit your updates here. ›

A fractured, abstract painting in dark blue, grey, and muted red tones, depicting an overlapping, geometric representation of a non-literal political symbol, conveying a sense of legal and political uncertainty.The Supreme Court's decision on birthright citizenship could reshape the legal landscape for millions of Americans.Washington Today

The U.S. Supreme Court will hear oral arguments on Wednesday in a case that could reshape the understanding of who is American by birth. The case, Trump v. Barbara, challenges President Donald Trump's executive order that redefines citizenship to exclude children born to parents who either do not have legal status or hold temporary legal visas.

Why it matters

Birthright citizenship has been a longstanding core principle in the United States, where nearly any child born on U.S. soil is automatically granted citizenship. Experts have warned that if birthright citizenship were struck down, it would effectively create a class of millions of stateless people. The case has the potential to upend this guarantee that has been in effect since a Supreme Court decision in 1898.

The details

The Trump administration petitioned the high court in December after multiple lower courts struck down the executive order, finding it violated the Constitution. The administration argues the citizenship clause of the 14th Amendment was meant to apply only to newly freed African American slaves after the Civil War, not to children of immigrants. However, most legal scholars and historians disagree with that interpretation.

  • The Supreme Court will hear oral arguments on Wednesday, March 30, 2026.
  • A decision from the Supreme Court is expected before the court's summer recess begins at the end of the term in late June or early July 2026.

The players

Donald Trump

The former president who issued the executive order that is being challenged in the case.

Barbara

The plaintiff in the case, Trump v. Barbara, which challenges Trump's executive order on birthright citizenship.

D. John Sauer

The Solicitor General arguing on behalf of the Trump administration in the case.

Cody Wofsy

A co-lead attorney with the ACLU, which filed class action suits to block Trump's executive order on birthright citizenship.

Hannah Steinberg

A staff attorney for the ACLU's Immigrants' Rights Project, who said the executive order is "plainly unconstitutional and unlawful."

Got photos? Submit your photos here. ›

What they’re saying

“The constitutional text is clear, the precedent is clear and the history is clear.”

— Cody Wofsy, Co-lead attorney, ACLU

“Illegal aliens are not 'permitted by the United States to reside here,' and thus their children are excluded from citizenship.”

— D. John Sauer, Solicitor General

“President Trump's executive order is plainly unconstitutional and unlawful, and we're confident that the Supreme Court will reaffirm existing legal precedent and strike down this executive order once and for all.”

— Hannah Steinberg, Staff attorney, ACLU Immigrants' Rights Project

What’s next

After oral arguments are heard on Wednesday, a decision from the Supreme Court is expected before the court's summer recess begins at the end of the term in late June or early July 2026.

The takeaway

This case highlights the ongoing debate over the scope of birthright citizenship in the United States, with the Trump administration seeking to redefine who is considered an American by birth. The outcome could have far-reaching implications, potentially creating a class of millions of stateless people if the executive order is upheld.