Supreme Court to Rule on Birthright Citizenship: What It Means for Immigrants and How Attorneys Can Help

The Legal Battleground Over Birthright Citizenship

The U.S. Supreme Court has agreed to hear a potentially landmark case that could redefine the constitutional guarantee of birthright citizenship. At issue is whether former President Donald Trump’s executive order—signed on January 20, 2025—seeking to revoke citizenship rights for children born in the U.S. to undocumented or temporary-status parents, can override long-standing judicial precedent and constitutional interpretation.

For over a century, birthright citizenship has been protected under the Fourteenth Amendment and upheld by the Supreme Court’s 1898 ruling in United States v. Wong Kim Ark, which affirmed that nearly all children born on U.S. soil are entitled to citizenship, regardless of their parents’ immigration status.

Now, in what many legal experts consider a fundamental test of constitutional fidelity and executive power, the justices will decide whether that precedent stands firm or can be revised by presidential action.

Trump’s Legal Theory and the Constitutional Clash

Trump’s order, titled “Protecting the Meaning and Value of American Citizenship,” directs the federal government to deny U.S. citizenship documentation to children born in the country to parents who are either undocumented or in the U.S. on temporary visas.

Solicitor General D. John Sauer, representing the Trump administration, argued that the Fourteenth Amendment was originally intended only to extend citizenship to formerly enslaved individuals and their descendants—not to the children of foreign nationals residing in the country unlawfully or temporarily.

The administration’s appeal challenges the interpretation of the 1898 Wong Kim Ark ruling as being “mistaken” and leading to “destructive consequences.” However, legal scholars like Steve Vladeck of Georgetown Law dismiss this argument, asserting that the executive order violates existing statutes, constitutional text, and well-established Supreme Court precedent.

Lower Courts’ Consensus and the Role of the ACLU

Every lower court that reviewed Trump’s policy, including judges appointed by both Republican and Democratic administrations, found the executive order unconstitutional. A federal judge in New Hampshire issued a nationwide injunction through a class-action lawsuit backed by the American Civil Liberties Union (ACLU), protecting all potentially affected newborns from the policy’s impact.

In its legal filings, the ACLU emphasized that the administration’s argument relied on “a jumble of historical misstatements, inapposite citations, newly manufactured doctrines,” and political ideology, rather than established law.

The case bypassed a similar challenge led by Democratic states in the Ninth Circuit, likely because that suit raised separate issues about legal standing rather than the constitutional core at stake.

Practical Implications for Families and the Nation

A ruling in favor of the Trump administration would significantly alter the legal landscape for immigrants and their U.S.-born children. Thousands of children born on U.S. soil could lose or face delays in citizenship documentation. This would increase the burden on immigrant families already navigating complex legal hurdles.

Beyond citizenship status, such a ruling could disrupt access to healthcare, education, and government services tied to legal residency. Moreover, it would introduce uncertainty into one of the clearest provisions of U.S. constitutional law, triggering administrative chaos and renewed litigation across states.

The Road Ahead: Supreme Court Arguments and Timing

The Court is expected to hear arguments in early 2026, with a decision anticipated by the end of June. The outcome will have far-reaching consequences not just for immigration law, but for the interpretation of executive authority in altering constitutional rights without congressional involvement.

How Immigration Attorneys at Spar & Bernstein Can Help

At Spar & Bernstein, our attorneys understand the deep concern this case raises for immigrant families across the United States. While the law remains intact for now, we encourage families to:

• Ensure all documentation for children born in the U.S. is up-to-date and legally verified

• Seek legal advice if either parent’s immigration status is in question

• File for any available legal relief, such as adjustment of status or asylum, that could further secure your family’s residency

We are closely monitoring the Supreme Court’s proceedings and will advocate vigorously for clients affected by any policy changes. With decades of experience in immigration law, Spar & Bernstein stands ready to support you through every legal challenge.

Source: CNN Politics, December 5, 2025