Supreme Court to Review Trump's Controversial Birthright Citizenship Order

Sat Nov 22 2025 11:30:19 GMT+0200 (Eastern European Standard Time)

The Supreme Court is set for a private discussion on President Trump's birthright citizenship executive order, which has faced significant legal challenges and has not been implemented anywhere in the U.S.

The Supreme Court will decide on whether to hear President Trump's appeal regarding his birthright citizenship order, which declares that children born to undocumented parents are not American citizens. This landmark case could reshape immigration policy in the U.S. as lower courts have consistently struck down the order citing it violates the Constitution's 14th Amendment.

WASHINGTON (AP) — The Supreme Court is preparing to address a significant legal challenge concerning President Donald Trump’s executive order on birthright citizenship. This order asserts that children born in the U.S. to parents without legal status are not entitled to American citizenship.

Justices may announce their decision as early as Monday regarding whether they will hear Trump’s appeal following rulings from lower courts that have consistently ruled against the order. Presently, the citizenship restrictions outlined in the order have not been enacted in any state within the U.S.

If the Court opts to intervene, oral arguments could occur in the spring, with a final ruling anticipated by early summer.

This birthright citizenship order is part of Trump’s wider immigration enforcement efforts, which also include a push for heightened immigration scrutiny in various urban locations and the controversial use of the Alien Enemies Act to accelerate deportations.

The administration has faced multiple legal challenges. Recent trends indicate that the Supreme Court has issued mixed signals regarding immigration-related emergency appeals. In one case, they blocked the rapid deportation of alleged Venezuelan gang members; in another instance, they authorized immigration stops in Los Angeles that are racially motivated, countering lower court decisions that prohibited such practices.

As the Supreme Court deliberates these important issues, they are also reviewing Trump’s administration's request for National Guard troop deployment in the Chicago area for immigration enforcement, which has been halted by a lower court. Birthright citizenship remains a pivotal topic, as Trump's order could potentially overturn more than a century of precedent established by the 14th Amendment of the Constitution, which guarantees citizenship to all born on U.S. soil, save for few exceptions.

In a line of lower court decisions, Trump’s executive order has been deemed unconstitutional, with judges arguing it likely violates the 14th Amendment designed to ensure the citizenship rights of marginalized groups in the U.S.

The case has the potential to set a substantial precedent affecting immigration law and uphold the protections afforded to American citizens born in the country, especially among children of undocumented immigrants.

As the government pushes forward with its appeal, the Solicitor General has emphasized the significance of the policy to national security, arguing for the urgent need to clarify citizenship rights amid ongoing border security discussions.