US Supreme Court to formally review Trump bid to end birthright citizenship law

New Delhi,UPDATED: Dec 6, 2025 05:28 IST

The US Supreme Court on Friday agreed to take up the constitutionality of President Donald Trump’s order ending birthright citizenship for children born to parents in the country illegally or temporarily, according to the Associated Press. The justices will review Trump’s appeal of lower-court rulings that blocked the policy nationwide. The restrictions have not taken effect anywhere in the country.

Arguments are expected in the spring, with a decision by early summer.

FIRST MAJOR TEST OF TRUMP'S SECOND-TERM IMMIGRATION AGENDA

Trump signed the birthright citizenship order on January 20, the first day of his second term, as part of a broader immigration crackdown. Other actions include enforcement surges in major cities and a peacetime invocation of the 18th-century Alien Enemies Act. The administration is facing multiple legal challenges, and the Supreme Court has issued mixed emergency rulings, the Associated Press noted.

The court, for instance, halted the rapid deportation of alleged Venezuelan gang members under the Alien Enemies Act but allowed Los Angeles immigration sweeps to resume after a lower court had limited the practice.

A LONG-STANDING UNDDERSTANDING OF THE 14th AMENDMENT

For more than 125 years, the 14th Amendment has been understood to guarantee citizenship to virtually everyone born on American soil. Lower courts have repeatedly ruled that Trump’s order is unconstitutional or likely violates that amendment. A federal judge in New Hampshire blocked the policy in July in a class-action suit representing all affected children.

“No president can change the 14th Amendment’s fundamental promise of citizenship,” ACLU national legal director Cecillia Wang said, welcoming the Supreme Court’s decision to hear the case. Her comments were carried by the Associated Press.

REPUBLICAN STATES BACK TRUMP

The administration argues that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to automatic citizenship. Twenty-four Republican-led states and 27 GOP lawmakers, including Sens. Ted Cruz and Lindsey Graham, have urged the court to uphold the policy.

The Supreme Court took no action on a separate 9th Circuit decision supporting a nationwide injunction sought by Democratic-led states, which argued that uneven enforcement across the country would cause chaos.

- Ends

With inputs from Associated Press

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