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4d ago

Supreme Court Hears Arguments on Trump’s Birthright Citizenship Order

Justices weigh legality of nationwide injunctions and the executive order’s alignment with the 14th Amendment.

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Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, Thursday, May 15, 2025, outside of the Supreme Court in Washington. "This is enshrined in the Constitution. My parents are Chinese immigrants," says Liu. "They came here on temporary visas so I derive my citizenship through birthright." (AP Photo/Jacquelyn Martin)
American flags are seen during a protest outside the US Supreme Court over President Donald Trump's move to end birthright citizenship as the court hears arguments over the order in Washington, DC, on May 15.
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Overview

  • The Supreme Court heard arguments on President Trump’s January executive order seeking to end birthright citizenship for children of noncitizen parents, a move blocked by multiple lower courts as unconstitutional.
  • The Trump administration argued that nationwide injunctions issued by federal judges overstep judicial authority and requested that injunctions be limited to the litigants and jurisdictions involved in the lawsuits.
  • Several justices expressed skepticism about the executive order’s legality, citing conflicts with the 14th Amendment and over 125 years of legal precedent, including the landmark 1898 Wong Kim Ark decision.
  • Concerns were raised about the potential for a patchwork of citizenship laws if injunctions were limited, with some justices warning this could leave thousands of children stateless or without consistent legal protections.
  • A decision on the scope of injunctions and whether to temporarily allow parts of the executive order to take effect is expected by the end of June, though the broader constitutional question remains unresolved.