US Supreme Court appears sceptical of Trump plan to limit birthright citizenship

April 1, 2026

The Supreme Court heard oral arguments on President Trump's executive order attempting to end birthright citizenship for children of undocumented immigrants and some temporary visitors, with a majority of justices appearing skeptical of the administration's position. Trump's legal team argued that the 14th Amendment's "subject to the jurisdiction thereof" clause should exclude children whose parents owe allegiance to other countries, while opponents contended this would overturn over a century of established precedent. Chief Justice Roberts and other justices questioned the administration's authority and interpretation, with several pointing to the landmark 1898 Wong Kim Ark decision that upheld birthright citizenship.

Who is affected

Children born in the US to undocumented immigrants
Children born in the US to some temporary visitors
President Donald Trump and his administration
Undocumented immigrants living in the United States
The American Civil Liberties Union (ACLU) and other plaintiffs challenging the executive order
Americans and people worldwide who understand current US birthright citizenship processes

What action is being taken

The Supreme Court is hearing oral arguments on Trump's executive order limiting birthright citizenship. US Solicitor General John Sauer is seeking to convince the justices that the 14th Amendment and subsequent rulings mistakenly expanded birthright citizenship. ACLU attorney Cecillia Wang is representing plaintiffs arguing the executive order should be overturned.

Why it matters

This case represents a fundamental challenge to over a century of US immigration law precedent and could reshape how citizenship is granted in America. The decision will determine whether the executive branch has the power to reinterpret constitutional provisions without Congressional action, making it a critical test of executive authority limits. Beyond immigration policy, the ruling will signal whether the Supreme Court will continue to check Trump's efforts to aggressively expand presidential power, following their recent decision overturning his global tariffs. The outcome affects not only current undocumented immigrants but could fundamentally alter America's longstanding tradition of birthright citizenship dating back to English common law.

What's next

The Supreme Court is expected to issue their decision in June. The justices could choose to issue either a broad ruling on constitutional grounds or a more narrow opinion focusing on the 1952 Congressional law that codified birthright citizenship.

Read full article from source: BBC