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US Supreme Court to decide legality of Donald Trump’s order ending birthright citizenship

On his first day in office as the 47th US President, Trump signed the executive order attempting to end birthright citizenship

2 min readDec 6, 2025 01:17 AM IST First published on: Dec 6, 2025 at 12:44 AM IST
US Supreme Court to decide legality of Donald Trump’s order ending birthright citizenshipUS Supreme Court to decide legality of Donald Trump’s order ending birthright citizenship. (Photo: AP)

The US Supreme Court on Friday said it will decide the legality of President Donald Trump’s executive order that seeks to end birthright citizenship, which automatically grants citizenship to anyone born on American soil.

Birthright citizenship in US

The 14th Amendment of the US constitution, which was ratified in 1868, states that individuals born or naturalized in the US and subject to its jurisdiction are citizens.

In 1898, the US Supreme Court ruled that the 14th Amendment grants citizenship to nearly everyone born in America, including children of non-citizens.

The only notable exception to this is children born to foreign diplomats or ambassadors, as they are not fully under US jurisdiction.

Trump’s executive order ending birthright citizenship

On his first day in office as the 47th US President, Trump signed the executive order attempting to end birthright citizenship. It ended birthright citizenship for children born in the US to parents residing in the country illegally or temporarily, including on student, work or tourist visas.

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US Supreme Court to decide legality of Donald Trump’s order ending birthright citizenship
US President Donald Trump signing an Executive Order in the White House. (Photo: Reuters)

Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” said that children born to parents who are in the United States illegally or temporarily aren’t American citizens.

Criticism against birthright citizenship

Trump and many Republicans have long criticised birthright citizenship, claiming that it encourages foreigners to enter or remain in the US even illegally, so their children can become citizens.

Many have also alleged it promotes ‘birth tourism’ where pregnant women travel to the US to give birth on American soil so their children can acquire citizenship.

The justices said Friday they will hear Trump’s appeal of a lower court ruling that struck down the citizenship restrictions.

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Legal challenges against Trump’s order

Those restrictions haven’t taken effect anywhere in the country. According to The Associated Press, the case will be argued in the spring. A definitive ruling is expected by early summer.

Birthright citizenship is the first Trump immigration-related policy to reach the court for a final ruling. The order is part of his administration’s broad immigration crackdown.

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