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Truth Ultimate > Blog > NEWS > International > Birthright Citizenship Supreme Court Case 2025: What Next
International

Birthright Citizenship Supreme Court Case 2025: What Next

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Last updated: 2025/05/15 at 9:29 AM
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Contents
IntroductionWhat Is Birthright Citizenship?Trump’s 2025 Executive OrderLegal Battles BeginBirthright Citizenship Supreme Court HearingWhat Each Side Is SayingHow Families Could Be AffectedA State-by-State Patchwork?What Experts Are SayingWhat Happens NextFinal Thoughts

Introduction

A major case is now before the U.S. Supreme Court. It’s about birthright citizenship. The decision could change the lives of thousands of children born in the United States. At the center is President Trump’s 2025 executive order. It tries to stop automatic citizenship for kids born to undocumented immigrants. The court’s ruling could shape U.S. law for years.

What Is Birthright Citizenship?

Birthright citizenship means any child born on U.S. soil is a citizen. This rule comes from the 14th Amendment of the Constitution. It says, “All persons born or naturalized in the United States… are citizens.” For over 100 years, this rule has been clear. Even if the parents are not citizens, the child is. That was confirmed in 1898 in the case United States v. Wong Kim Ark.

Trump’s 2025 Executive Order

In January 2025, Donald Trump signed an order called “Protecting the Meaning and Value of American Citizenship.” It aims to deny citizenship to children born in the U.S. if their parents are undocumented or on temporary visas. The order says that the 14th Amendment does not apply in these cases. Trump says the goal is to stop abuse of the system.

Legal Battles Begin

The order was met with lawsuits. Several states, families, and civil rights groups filed cases against it. They say it breaks the Constitution. Courts in Washington, Maryland, and other states issued blocks. These are called “injunctions.” They stop the order from taking effect. One key reason? It likely violates the 14th Amendment.

Birthright Citizenship Supreme Court Hearing

Now the fight has reached the Supreme Court. The justices are looking at two things. First, they’ll decide if the order is legal. Second, they’ll look at whether lower courts can stop it nationwide. This means the birthright citizenship Supreme Court case could have two big effects: one on the rule itself, and one on how courts can block federal laws.

What Each Side Is Saying

The Biden administration, though not in office, submitted briefs before leaving. Many legal scholars say the order goes too far. They believe the 14th Amendment clearly gives citizenship to kids born in the U.S. On the other hand, supporters of Trump’s order say the amendment was never meant to include undocumented immigrants or people on short stays.

How Families Could Be Affected

If the court upholds Trump’s order, it could affect over 150,000 kids born each year. These children may not get citizenship at birth. They could face problems getting health care, education, or jobs later in life. Some might even become stateless, having no legal country.

This could also split families. One child may be a citizen. Another, born under the new rule, may not. This would lead to more confusion and stress for immigrant families.

A State-by-State Patchwork?

If the court rules against nationwide injunctions, states could follow different rules. In one state, a child might be a citizen. In another, the same child might not be. That’s not just confusing—it’s dangerous. Birthright citizenship should be the same everywhere in the country.

What Experts Are Saying

Many law experts believe the executive order won’t hold. They say the 14th Amendment is clear. Groups like the ACLU and Human Rights Watch also spoke out. They call the order harmful and unfair. Even some former Republican officials have raised concerns.

Public opinion is divided. Some polls show many Americans support limiting birthright citizenship. Others say changing the rule goes against American values.

What Happens Next

The Supreme Court heard arguments in May 2025. A decision is expected by late June. Until then, the order is on hold. Everyone is watching closely.

If the court agrees with Trump, Congress may try to act. If the court blocks the order, birthright citizenship remains safe—for now.

Final Thoughts

The birthright citizenship Supreme Court case is not just a legal fight. It’s about what kind of country the U.S. wants to be. The ruling will affect real families. It may set new limits on who is seen as American from birth.

This case shows how much power the Supreme Court has. In just one ruling, it could reshape how citizenship works. As we wait, it’s clear this is one of the biggest cases of 2025.

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