From the Associated Press: The Supreme Court agreed on Friday to take up the constitutionality of President Donald Trump’s order on birthright citizenship declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.
The justices will hear Trump’s appeal of a lower-court ruling that struck down the citizenship restrictions. They have not taken effect anywhere in the country.
The case will be argued in the spring. A definitive ruling is expected by early summer.
The birthright citizenship order, which Trump signed Jan. 20, the first day of his second term, is part of his Republican administration’s broad immigration crackdown. Other actions include immigration enforcement surges in several cities and the first peacetime invocation of the 18th-century Alien Enemies Act.
Section 1 of the 14th Amendment reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Those in favor of the way the law is currently applied point to the section that reads, “all persons born or naturalized in the United States…” as justification for giving citizenship to babies born in the US.
Meanwhile, those who support Trump’s order point to the rest of the clause stating, “and subject to the jurisdiction thereof….” which means a person is fully and completely under the authority of U.S. law.
Cecillia Wang, national legal director of the American Civil Liberties Union, which is representing the plaintiffs in the case, released the following statement, “No president can change the 14th Amendment’s fundamental promise of citizenship. For over 150 years, it has been the law and our national tradition that everyone born on U.S. soil is a citizen from birth. The federal courts have unanimously held that President Trump’s executive order is contrary to the Constitution, a Supreme Court decision from 1898, and a law enacted by Congress. We look forward to putting this issue to rest once and for all in the Supreme Court this term.”
BREAKING: The Supreme Court just agreed to hear President Trump’s challenge on birthright citizenship in the U.S.
THIS IS HUGE!!!pic.twitter.com/7VhU7NYcfq
— Libs of TikTok (@libsoftiktok) December 5, 2025
🚨 BREAKING: The Supreme Court will take up the case of President Trump’s efforts to end birthright citizenship for illegal aliens.
If they strike it down, it would end what is easily the biggest driver of illegal immigration to our country. pic.twitter.com/UHlUqorXRD
— Greg Price (@greg_price11) December 5, 2025
READ MORE from the Associated Press.
BREAKING: The Supreme Court will decide whether President Trump’s birthright citizenship order violates the Constitution. https://t.co/wKA2w8aOrc
— The Associated Press (@AP) December 5, 2025
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