Constitutionality of Birthright Citizenship Challenged in Supreme Court

Mon Mar 30 2026 14:16:19 GMT+0000 (Coordinated Universal Time)

A legal battle unfolds regarding the Trump administration's executive order aimed at denying citizenship to children born in the U.S. to undocumented or temporarily residing parents, with significant implications for thousands of families.

The U.S. Supreme Court is set to hear arguments regarding an executive order by President Trump that seeks to revoke birthright citizenship for children of non-citizens, sparking concerns among immigrant families across the nation. The case highlights the ongoing tension between the administration's immigration policies and constitutional protections under the 14th Amendment.

WASHINGTON (AP) — After her son was born in Florida last year, an Argentine immigrant quickly obtained a U.S. passport for him, viewing it as proof of his American identity. However, the issue of his citizenship is now shrouded in legal uncertainty due to the Trump administration’s executive order that would deny citizenship to children born in the U.S. to undocumented or temporarily residing parents.

“I made sure to book my son’s passport appointment even before he was born,” the woman shared anonymously, concerned for her family's privacy amid the ongoing legal battles. “I feel relieved he is at least protected for now.”

The Supreme Court is scheduled to examine this contentious case on Wednesday, focusing on whether Trump’s executive order, enacted on January 20, 2025, aligns with the 14th Amendment, which historically has guaranteed citizenship to anyone born on U.S. soil, with limited exceptions.

The birthright citizenship repeal is part of larger immigration reforms under the Trump administration, which has also included increased deportations and reduced refugee admissions. Legal experts warn that such action goes against established legal precedents and could affect over a quarter of a million newborns each year.

The legal arguments center around the interpretation of constitutional text regarding who is ‘subject to the jurisdiction’ of the United States, a nuance that has severe ramifications for numerous families of mixed immigration status.

The woman from Argentina, who has applied for a green card since moving to the U.S. on a student visa, reflected on her experience, stating, “Nothing that happens politically changes how I feel about this country. It has given me my family, which is everything to me.”