Supreme Court Considers Trump’s Controversial Birthright Citizenship Order

Sun Nov 23 2025 11:41:32 GMT+0200 (Eastern European Standard Time)

The Supreme Court is deliberating on whether to hear President Trump's appeal against lower court decisions regarding his birthright citizenship order, which could redefine citizenship for children born to undocumented parents.

The Supreme Court is set to meet privately to discuss the highly contentious birthright citizenship order issued by President Trump. This order aims to declare that children born in the U.S. to undocumented or temporarily residing parents are not American citizens. Lower courts have consistently struck down this order as unconstitutional, and the justices are weighing the administration's appeal. A ruling could herald significant shifts in immigration policy and citizenship rights under the 14th Amendment.

As the Supreme Court prepares to evaluate an appeal from President Donald Trump concerning his birthright citizenship order, anticipation looms over how this could reshape the landscape of American citizenship. Scheduled for a private meeting on Friday, the justices may announce their decision by as early as Monday regarding whether they will review Trump's executive order.

The birthright citizenship order asserts that children born to parents who are unlawfully present or temporarily in the U.S. would not automatically receive American citizenship. Advocates for the order claim it is needed to protect national sovereignty, yet courts at various levels have consistently rejected this interpretation as unconstitutional, citing potential violations of the 14th Amendment.

Since its inception, the 14th Amendment has been the bedrock for citizenship rights unattached to parental legal status, ensuring that all individuals born on U.S. soil are considered citizens. Trump's policy, however, threatens to upend over 125 years of established legal precedent.

Lower court rulings have deemed the executive order unconstitutional, effectively preventing its enforcement across the country. The imminent Supreme Court ruling could determine not only the future of Trump's birthright citizenship order but also set precedents concerning immigration policy at large, including previous rulings asserting that states may require a nationwide injunction to address disparate application of citizenship laws.

Should the Supreme Court choose to hear the case, arguments could occur in the spring, with a decision anticipated by early summer. The implications are vast as this marks the first significant review of any Trump-era immigration policy by the highest court.