December 5, 2025
Can President Trump legally take away brand new baby’s right to be an American citizen? We’re about to find out because the United States Supreme Court just decided today that they will hear the merits of his case. I cannot stress to you how big of a deal this is going to be.
So here’s what the case is about. On his first day in office President Trump signed an executive order called — protecting the meaning and value of American citizenship. That order revokes the rights of babies born in this country to automatically gain US citizenship the day they are born. Now – not all babies are subject to this order. If both of the baby’s parents are American citizens, of course – that baby is also a United States citizen. But if that baby is born to one — parents who are not here legally or two — born to a mother whose presence was lawful but temporary and a father who is not here legally, under this Trump order that baby does not get to be a US citizen. And even if the state where that baby is born – issues that child some kind of government birth document and the baby’s parents fall into either of those categories, the federal government will not accept it. Now — if the Supreme Court decides trump is right – then according to Trump’s order only babies born in this country after February 20th 2025, to parents who fall into one of those two categories would not be granted u-s citizenship. This would not apply to anyone born in this country before February 20th.
But hold up— you’re probably thinking – I thought birthright citizenship was included in the United States constitution? You’re right…it is. The 14th amendment – which has been around for more than 150 years grants citizenship to all babies born in the United States. And on top of that — more than 125 years ago – the United States Supreme Court ruled the 14th amendment applies to all babies even if that baby’s parent or parents are not here legally. Oh – and there’s a federal law from 1952 that also says all children born in this country regardless of their parents’ status are entitled to US citizenship.
So how can Trump just sign an executive order and get rid of birthright citizenship rights that are literally in the constitution, in the law and in supreme court precedent for more than 100 years? He can’t. That’s why this executive order still has not taken effect. Every single federal court judge who has heard this case already has said Trump’s order is blatantly violation of the constitution and each of those judges has issued preliminary injunctions to stop him. But now the supreme court wants to take a crack at it.
So you may be thinking – Lisa if this is so clear cut in the constitution, in Supreme Court precedent and in federal law why are the justices taking up the case at all? Well – I have no idea why the supreme court does what it does. But I can tell you why the president thinks what he’s doing is legal.
And it has to do with five words in the 14th amendment. The very first line of section one of the 14th amendment says “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.” Seems clear cut. Right? Well Trump says not so fast. The 5 words he’s zeroing in on are “subject to the jurisdiction thereof.” Trump and his legal team are making the argument that parents who are not full citizens of the United States and by extension their newborn babies are not “subject to the jurisdiction” of the United States therefore they are not allowed to be covered by the 14th amendment. Seems like a stretch…right? Well even the trump team says this is a “novel” interpretation of the 14th amendment and some conservatives definitely believe this is a fringe theory …but even so –the Supreme Court wants to hear the arguments from both sides of this case.
So what’s going to happen? Well – the supreme court is going to hear the birthright citizenship case at some point in 2026 and we will likely get a ruling at the end of the term in late June. But if the court sides with trump on this one and blocks birthright citizenship for some babies born in the United States — we could see a complete upheaval of a pillar of the United States constitution.
Read the Supreme Court order here.
