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Supreme Court to Review Trump’s Birthright Citizenship Order

The court will hear arguments on May 15, leaving nationwide injunctions in place as the constitutionality of the executive order is contested.

People walk near the U.S. Supreme Court building in Washington, D.C., U.S., April 8, 2025. REUTERS/Jonathan Ernst/File Photo
The U.S. Supreme Court is seen on April 07, 2025 in Washington, DC.
U.S. President Donald Trump speaks, as he signs executive orders and proclamations in the Oval Office at the White House in Washington, D.C., U.S., April 9, 2025. REUTERS/Nathan Howard/File Photo

Overview

  • President Trump’s January 20 executive order seeks to deny automatic U.S. citizenship to children born to non-citizen parents, citing the 14th Amendment's scope.
  • Federal judges in Washington state, Massachusetts, and Maryland issued nationwide injunctions blocking the order, which remain in effect.
  • The Supreme Court announced on April 17 that it will hear arguments on the case, including the broader issue of universal injunctions, next month.
  • Plaintiffs, including 22 Democratic attorneys general and immigrant rights groups, argue the order violates the 14th Amendment and established precedent in Wong Kim Ark (1898).
  • The Trump administration contends that birthright citizenship encourages illegal immigration and 'birth tourism,' and seeks to narrow the interpretation of the Citizenship Clause.