The Supreme Court will decide whether the Trump administration can ban birthright citizenship as guaranteed by the Fourteenth Amendment ot the Constitution.
On Thursday, the Court announced that it would hear oral arguments on May 15 regarding whether the Trump administration can unilaterally end birthright citizenship—a policy Trump sought to implement via an executive order. The court further declined to lift lower-court injunctions against the executive order.
On his first day as president, Trump signed an executive order declaring an end to birthright citizenship for babies born in the United States to parents who are not citizens or legal permanent residents (i.e., hold a green card). The attorneys general of 22 states challenged the legally dubious order in court, which directly contradicts the Constitution’s Fourteenth Amendment, and lower courts have since blocked Trump’s executive order.
Ratified after the Civil War, the Fourteenth Amendment states that “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.” Courts have interpreted the Amendment to afford automatic citizenship for almost every child born in the U.S. over the past century.
The Trump administration has asked SCOTUS to lift or narrow lower court rulings that have blocked the president’s executive order on birthright citizenship, which the court said it would only consider after the May 15 hearing. This means that Trump’s executive order will remain on pause.
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