{"id":26211,"date":"2025-12-06T20:36:09","date_gmt":"2025-12-06T20:36:09","guid":{"rendered":"https:\/\/cndailynews.store\/?p=26211"},"modified":"2025-12-06T20:36:09","modified_gmt":"2025-12-06T20:36:09","slug":"supreme-court-to-decide-constitutionality-of-trumps-birthright-citizenship-order","status":"publish","type":"post","link":"https:\/\/cndailynews.store\/?p=26211","title":{"rendered":"Supreme Court to Decide Constitutionality of Trump\u2019s Birthright Citizenship Order"},"content":{"rendered":"
\n

In a landmark move, the U.S. Supreme Court announced Friday it will hear arguments on the constitutionality of President Donald Trump\u2019s executive order ending birthright citizenship \u2014 one of the most consequential immigration cases to reach the high court in decades.<\/p>\n

Advertisement<\/div>\n

The justices agreed to take up the issue after a string of lower court rulings blocked the Trump administration from enforcing the order, which declares that children born on U.S. soil to noncitizen parents who are either in the country illegally or only temporarily are not entitled to automatic U.S. citizenship.<\/p>\n

Trump issued the directive on his first day back in office in January, calling it a necessary correction to what he described as a \u201ccentury-long misreading\u201d of the 14th Amendment. The order argued that the Constitution\u2019s Citizenship Clause has been \u201cgrossly distorted by activist judges and bureaucrats\u201d to grant citizenship to so-called \u201canchor babies\u201d born to parents without lawful status.<\/p>\n

\n
<\/div>\n<\/div>\n

\u201cIt is the policy of the United States that no department or agency of the government shall issue or recognize documents purporting to confer U.S. citizenship to a person whose mother was unlawfully present in the United States and whose father was not a U.S. citizen or lawful permanent resident at the time of that person\u2019s birth,\u201d the order states.<\/p>\n

Advertisement<\/div>\n

Trump\u2019s Justice Department maintains that the phrase \u201csubject to the jurisdiction thereof\u201d in the 14th Amendment excludes children of foreign nationals who owe allegiance to another government or who are in the U.S. illegally.<\/p>\n

\u201cThe Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,\u201d the order said. \u201cIt has always excluded from birthright citizenship persons who were born in the United States but not subject to the jurisdiction thereof.\u201d<\/p>\n

Advertisement<\/p>\n
<\/div>\n<\/div>\n

The administration\u2019s stance directly challenges the 1898 Supreme Court ruling in\u00a0United States v. Wong Kim Ark<\/em>, which held that a child born in the United States to foreign parents legally residing in the country was a citizen at birth. That case has long been cited as the definitive interpretation of the Citizenship Clause, though Trump\u2019s legal team argues the precedent does not apply to those in the country unlawfully.<\/p>\n

Since Trump signed the order, federal courts across the country have issued injunctions halting its enforcement. In February, U.S. District Judge Leo Sorokin, an Obama appointee in Massachusetts, blocked the policy, writing that stripping babies of citizenship \u201ceven if temporary and later restored, can likely leave permanent scars.\u201d Earlier, Judge John Coughenour, a Reagan appointee in Seattle, had issued a nationwide injunction as well.<\/p>\n

Democratic attorneys general from several states sued to overturn the order, arguing that it violates both the text and history of the 14th Amendment, which declares, \u201cAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.\u201d<\/p>\n

Solicitor General D. John Sauer urged the Court to take the case, calling the long-held interpretation of the Citizenship Clause \u201ca mistaken view that has produced destructive consequences.\u201d He argued that granting automatic citizenship to children of those in the country unlawfully \u201cerodes national sovereignty and rewards illegal entry.\u201d<\/p>\n

The administration\u2019s appeal comes after a New Hampshire district court certified a nationwide class of plaintiffs representing babies and families affected by the order. That court found Trump\u2019s policy \u201clikely unconstitutional\u201d and barred its enforcement while litigation proceeds.<\/p>\n

\n
\n
<\/div>\n<\/div>\n<\/div>\n

The high court also declined to immediately act on a related appeal from four states \u2014 Washington, Arizona, Illinois, and Oregon \u2014 where a divided 9th Circuit panel in July ruled against the administration.<\/p>\n

Arguments are expected early next year, with a decision likely by late June or early July \u2014 setting up a potentially explosive ruling in the middle of the 2026 election season.<\/p>\n

If upheld, Trump\u2019s executive order would mark the most sweeping change to U.S. citizenship law since Reconstruction, effectively ending automatic citizenship for the children of illegal immigrants and temporary visitors.<\/p>\n<\/div>\n

\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

In a landmark move, the U.S. Supreme Court announced Friday it will hear arguments on the constitutionality of President Donald Trump\u2019s executive order ending birthright citizenship \u2014 one of the … <\/p>\n","protected":false},"author":1,"featured_media":26212,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-26211","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26211"}],"version-history":[{"count":1,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26211\/revisions"}],"predecessor-version":[{"id":26213,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26211\/revisions\/26213"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/media\/26212"}],"wp:attachment":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}