Supreme Court to Review Birthright Citizenship Cases

Key Point 

• On Dec. 5, 2025, the U.S. Supreme Court agreed to hear challenges to President Trump’s executive order limiting birthright citizenship under the 14th Amendment

Birthright Citizenship Case 

On December 5, 2025, the U.S. Supreme Court agreed to hear challenges to President Trump’s Executive Order 14,160, which seeks to limit birthright citizenship. The order provides that children born in the U.S. to parents who are either unlawfully present or temporarily in the country would not be recognized as U.S. citizens. 

The consolidated cases — including Trump v. Washington and Trump v. CASA, Inc. — ask the Court to determine whether this policy complies with the Citizenship Clause of the 14th Amendment and 8 U.S.C. § 1401(a). Lower courts previously blocked the order, finding it inconsistent with longstanding interpretations of the Constitution. 

Looking Ahead 

Until the Court issues a ruling, current law remains unchanged: children born in the U.S. are citizens regardless of parental status. 

Background Information

President Trump issued Executive Order 14,160 on January 20, 2025, seeking to restrict birthright citizenship by excluding children born in the U.S. to parents who are undocumented or temporarily present. Federal courts quickly blocked the order, extending injunctions throughout 2025 while litigation proceeded. In September 2025, the Supreme Court issued a separate ruling clarifying the limits of nationwide injunctions, which shaped how lower courts can block federal policies in immigration cases.

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