Much has been debated about the US’ citizenship policies ever since President Donald Trump assumed office in his second term.
One of the policies Trump adamantly vowed to amend is the right to birthright citizenship, which grants citizenship by birth to those born in the US, guaranteed by the 14th Amendment’s Citizenship Clause ratified in 1868.
Now, in a new development, the US Supreme Court (SCOTUS) has said it would hear an appeal in a case that would determine if Trump could end birthright citizenship for some children born in the country.
Birthright citizenship explained
Due to the 14th Amendment, citizenship and freedoms outlined in the Bill of Rights were granted to formerly enslaved people following the US’ Civil War, which ended in 1865.
For the next 150 years, birthright citizenship has made anyone born in the United States a citizen, whether the child of citizens, foreign nationals living legally in the US, or unauthorised immigrants.
Trump’s executive order earlier this year sought to end this right for children of undocumented immigrants or those here temporarily, directing agencies to deny automatic citizenship unless at least one parent is a US citizen or lawful permanent resident.
Why is the Supreme Court hearing the appeal?
After Trump’s executive order, several lower courts and federal judges swiftly halted the order, deeming it to be a violation of the US Constitution.
The Trump administration, however, had appealed to the Supreme Court in September, arguing the clause targeted freed slaves, not children of “illegal aliens” or temporary visitors, according to CNN.
The SCOTUS, has since agreed that it would review a lower court’s rejection of Trump’s argument that children of parents who are in the country illegally or temporarily are not entitled to citizenship, according to USA Today.
The court has scheduled oral arguments for early next year with a decision expected by June 2026, as reported by Reuters.
What can happen next?
A ruling in the Trump administration’s favour could reinterpret the 14th Amendment’s “subject to the jurisdiction thereof” clause to exclude children of undocumented immigrants or temporary visitors from the right to birthright citizenship.
This would effectively end automatic citizenship for hundreds of thousands annually and reshape immigration enforcement.
Such a move could lead federal agencies to deny passports, benefits, and voting rights to affected individuals without needing a constitutional amendment, Reuters reported.
