(The Center Square) – In a historic move, President Donald Trump will attend oral arguments before the U.S. Supreme Court today, when justices will consider a challenge to his executive order aiming to end automatic citizenship for those born in the U.S.
At stake in today's hearing is the future of birthright citizenship in the United States, a constitutional principle enshrined in the 14th Amendment for more than 150 years. Trump’s unprecedented executive order seeks to end automatic citizenship for certain children born on American soil, setting up a landmark legal showdown that could redefine who is entitled to be called an American.
Trump will be the first sitting president to attend oral arguments before the U.S. Supreme Court. Trump's decision to attend in person comes after he publicly ridiculed some justices who invalidated the bulk of his tariffs. Trump had floated the idea of watching the tariff case, but did not attend.
Amid these legal battles, Trump has voiced concerns that the Supreme Court might rule against him, highlighting the high stakes of the outcome.
The birthright citizenship case, Trump v. Barbara, challenges Trump's first-day executive order denying birthright citizenship to children born in the U.S. after Feb. 19, 2025, whose parents are either illegally in the U.S. or temporary residents.
The challenge focuses on the 14th Amendment, which reads: "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." The case could hinge on the meaning of five words: "subject to the jurisdiction thereof."
The case will test the limits of presidential executive power and could have far-reaching consequences for immigration policy, the definition of citizenship, and the broader U.S. economy.
As arguments approach, the president again made his case in a social media post Sunday.
"We are the only Country in the World that dignifies this subject with even discussion ... The World is getting rich selling citizenships to our Country, while at the same time laughing at how STUPID our U.S. Court System has become (TARIFFS!). Dumb Judges and Justices will not a great Country make!," Trump wrote.
While lower courts ruled Trump's executive order was unconstitutional, the administration maintains that those rulings are based on a misunderstanding of the Constitution. The administration argues that children of noncitizens are not "subject to the jurisdiction thereof" of the U.S. and not entitled to citizenship.
Courts have blocked the executive order from going into effect.
On the other side of the debate, challengers argue that Trump is trying to reinterpret the definition of citizenship unilaterally through an executive order as part of a broader crackdown on immigration.
"The government is now petitioning the Supreme Court in hopes of getting a different answer. But the Constitution is clear, and we will keep fighting this lawless order until it is struck down once and for all," said Cody Wofsy, deputy director of the ACLU's Immigrants' Rights Project.
The Supreme Court is expected to rule on the matter before the end of its term this summer.
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