Supreme Court Rules on Birthright Citizenship: What to Know

The Supreme Court is meeting on Friday to decide the final cases of its term, including one concerning President Donald Trump’s bid to end birthright citizenship for U.S.-born children of parents who are in the country illegally.

Why It Matters

The Fourteenth Amendment of the U.S. Constitution provides that all children born in the United States are automatically American citizens.

But the issue before the justices in Trump v. CASA is not the lawfulness of Trump’s executive order seeking to end birthright citizenship for some people. Rather, they are weighing whether judges have the authority to issue the nationwide, or universal, injunctions, that have blocked Trump’s order from being implemented.

The Trump administration has complained that judges are overreaching by issuing orders that apply to everyone instead of only the parties involved.

Such orders have plagued both Republican and Democratic administrations over the past decade, but they have emerged as an important check on Trump’s agenda, increasingly frustrating the president and his allies.

The US Supreme Court is seen — The U.S. Supreme Court is seen in Washington, D.C., on June 24, 2025.

Mandel Ngan/AFP via Getty Images

What To Know

Trump signed an executive order to deny birthright citizenship to children born in the U.S. to parents who are in the country illegally or temporarily shortly on his first day back in office on January 20.

Federal judges in Maryland, Washington and Massachusetts have issued nationwide injunctions blocking Trump’s order, with one calling it “blatantly unconstitutional.”

The Trump administration then made an emergency appeal to the Supreme Court to narrow the court orders that have prevented his executive order from taking effect anywhere in the U.S.

At oral arguments in May, the high court appeared highly skeptical on how Trump would implement the changes to birthright citizenship. But justices also showed signs they wanted to limit nationwide court orders.

What People Are Saying

Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, previously told Newsweek: “It’s very possible, maybe even likely, that the Supreme Court limits nationwide injunctions in Trump v. CASA. Some of the conservative justices, like Justice Gorsuch, have expressed concern that such injunctions give district judges the power to block federal laws nationwide.

The Supreme Court may establish a rule to limit injunctions to the parties in the case or the district or circuit where the case is filed. Or it may require a higher standard to grant nationwide relief. Though the criticism of nationwide injunctions may be warranted, having inconsistent immigration holdings in different states may be its own problem. Immigration law needs to be uniform and applied consistently across the country.”

President Donald Trump wrote on Truth Social ahead of oral arguments in the case in May: “Birthright Citizenship was not meant for people taking vacations to become permanent Citizens of the United States of America, and bringing their families with them, all the time laughing at the ‘SUCKERS’ that we are!

“The United States of America is the only Country in the World that does this, for what reason, nobody knows — But the drug cartels love it! We are, for the sake of being politically correct, a STUPID Country but, in actuality, this is the exact opposite of being politically correct, and it is yet another point that leads to the dysfunction of America.”

Ama Frimpong, Legal Director for immigrant rights nonprofit CASA, said in a statement after oral arguments in the case: “This is not a law or policy that needs to be changed. Let’s be clear about what this is. This is an attempt at white supremacy. This is an assault on Black and brown families. On our very existence.

“What Trump and the administration are trying to do is erase our communities and our families from this country entirely. They want to deny citizenship to children born here—our children, our babies—just because their parents are immigrants.”