The U.S. Supreme Court heard arguments Thursday regarding former President Donald Trump’s executive order to end birthright citizenship, a landmark case testing presidential authority to reinterpret the 14th Amendment’s Citizenship Clause.
The conservative-majority court, including three Trump appointees, must decide whether lower courts properly blocked the controversial immigration policy through nationwide injunctions.
Trump’s January executive order declared children of undocumented immigrants ineligible for automatic citizenship, challenging the long-standing interpretation of the 14th Amendment which states “all persons born or naturalized in the United States” are citizens.
Three federal courts in Maryland, Massachusetts and Washington issued universal injunctions stopping the order, prompting the Trump administration to argue these rulings represent judicial overreach that “fundamentally thwart” presidential powers.
The Justice Department is claiming that almost 40 court injunctions have blocked Trump policies since his return to office, creating what officials call an “epidemic” of judicial interference.
The administration seeks a ruling limiting injunctions to only apply to plaintiffs in specific cases, which would allow partial implementation of the birthright citizenship ban while litigation continues. This strategy proved successful in the military transgender ban case, where the Supreme Court ultimately permitted enforcement despite lower court opposition.
The Potential Consequences for Immigration System
Legal experts warn ending birthright citizenship could create a crisis of stateless children, as countries of parental origin might refuse to recognize these U.S.-born individuals.
Immigration advocates argue the policy would impose “second-class status” on thousands who know no other home. Case Western Reserve University professor Alex Cuic notes the practical challenges: “There’s no guarantee that the countries where their parents are from would take them back. It would not even be clear where the government could deport them to.”
The unusual May hearing signals the case’s urgency, though the Court hasn’t indicated when it will rule. A decision favoring Trump could dramatically expand presidential executive power, enabling future administrations to bypass Congress on contentious issues.
However, even if the Court sides with Trump on the injunction question, additional lawsuits challenging the order’s constitutionality would likely follow, setting up further battles over the Citizenship Clause interpretation.
As the nation awaits this pivotal ruling, the case represents both a test of judicial checks on presidential power and a potential watershed moment for U.S. immigration policy, with ramifications that could echo through generations of American-born children.
The outcome may ultimately determine whether changes to birthright citizenship require constitutional amendment or can be achieved through executive action alone.
