The US Supreme Court has agreed to hear a case challenging whether children born in the United States to parents in the country illegally have a constitutional right to citizenship. President Donald Trump signed an order on his first day in office to end birthright citizenship for such children, but lower courts blocked the move. No date has been set for Supreme Court arguments, and a ruling could be months away.
The case centres on the 14th Amendment, which guarantees citizenship to anyone born in the US, with exceptions for children of diplomats and foreign military personnel. Trump’s administration argues that the clause subject to the jurisdiction thereof excludes children of unauthorised or temporary residents. About 1.2 million US citizens were born to unauthorised immigrant parents in 2022, and studies suggest ending birthright citizenship could significantly increase the unauthorised population over the coming decades. The Supreme Court’s decision could have far-reaching effects on immigration policy and the meaning of US citizenship.