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Supreme Court Takes Up Trump’s Birthright Citizenship Order, Decision Expected in 2026

New polling shows broad support for preserving birthright citizenship.

Overview

  • The Court granted review on December 5 in Barbara v. Trump and is expected to hear arguments in spring 2026 with a ruling by early summer.
  • Signed on January 20, 2025, Executive Order 14160 would deny automatic citizenship to children born in the U.S. if their parents are undocumented or only lawfully present on a temporary basis.
  • Lower courts blocked the order, and a divided Ninth Circuit panel found it invalid for contradicting the Fourteenth Amendment’s citizenship guarantee.
  • Although enforcement is paused, USCIS issued a July implementation plan describing how the policy would work if upheld, including requiring proof of parental status beyond a birth certificate.
  • A PRRI survey reports about two-thirds of Americans favor maintaining birthright citizenship, as coverage also notes the president’s harsh rhetoric on immigrants and his proposal for a paid “gold card” fast-track to citizenship.