The Supreme Court has agreed to hear arguments regarding an executive order issued by President Donald Trump, which aims to revoke automatic citizenship for individuals born in the United States to non-citizens. This order, enacted on January 20, 2025, specifies that children born in the U.S. more than 30 days after the order's issuance would not receive citizenship if their parents are temporary visitors or undocumented immigrants.

The principle of birthright citizenship has been established for over 127 years, rooted in the 14th Amendment of the U.S. Constitution, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The upcoming Supreme Court case will examine the implications of Trump's order on this constitutional provision and its potential effects on citizenship rights for future generations.

The Trump administration argues that citizenship has been granted too liberally to children of non-citizens, claiming that parents who are in the U.S. temporarily do not fall under the jurisdiction of the country. They also contend that the current practice of birthright citizenship is inconsistent with policies in other nations and enables 'birth tourism,' where parents without substantial ties to the U.S. give birth in the country to secure citizenship for their children. Although this phenomenon is not officially tracked, the Center for Immigration Studies estimates that over 20,000 such cases occur annually.

Legal challenges to the executive order have emerged, with four federal courts and two appeals courts blocking its implementation, citing the 14th Amendment. Despite these setbacks, the Supreme Court's decision to hear the case reflects the administration's ongoing commitment to this issue. Legal experts suggest that the Supreme Court may serve as a favorable venue for the administration's arguments. César Cuauhtémoc García Hernández, a law professor specializing in immigration law, notes that the interpretation of the 14th Amendment will be crucial in determining the future of citizenship law in the U.S. The landmark case of United States v. Wong Kim Ark, decided in 1898, established the right to citizenship for children of foreign nationals born in the U.S. However, this principle has faced scrutiny regarding its potential exploitation through birth tourism. The Supreme Court's review of this case may draw increased attention to the issue as the 2026 mid-term elections approach.