The end of birthright citizenship as we know it?
Is the Supreme Court considering a radical reinterpretation of the 14th amendment?President Donald Trump has been on a crusade to end birthright citizenship for years. Challenging the long-held legal consensus that anyone born in the United States is granted citizenship, he signed an executive order stripping that right away from the children of undocumented parents and temporary visa holders.
The executive order after returning to the White House set in motion a series of lawsuits challenging Trump’s ability to make sweeping changes to birthright citizenship. And now it’s headed to the Supreme Court in a case called Trump v. Barbara.
The 14th Amendment was passed to guarantee citizenship to freed enslaved people and their children, but was later clarified to apply to anybody born on US soil with a few very specific exceptions. For well over 100 years, birthright citizenship has been enshrined in the Constitution with that understanding.
In Trump v. Barbara, the Trump administration claims that the law applies to those who are not just born in the United States but also “owe allegiance” to it — except…the words “owe allegiance” don’t appear anywhere in the 14th Amendment.
The plaintiffs are representing a group of people affected by Trump’s executive order, and their argument is simple: Leave birthright citizenship alone.
If you want to read more about the case, here are some of the sources that contributed to our reporting:
Trump's executive order on birthright citizenship: https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/
The ACLU’s web page for Trump v. Barbara:
https://www.aclu.org/cases/barbara-v-donald-j-trump
Vox’s in-depth explainer video on why the US has birthright citizenship:
https://www.youtube.com/watch?v=OBFX4EuAWHc
Writer and law professor César Cuauhtémoc García Hernández’s SCOTUSblog series Immigration Matters:
https://www.scotusblog.com/author/chernandez/
Brennan Center for Justice’s coverage of Trump’s challenge to birthright citizenship:
https://www.brennancenter.org/our-work/research-reports/birthright-citizenship-under-us-constitution
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