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The Supreme Court heard this month a lawsuit attempting to end so-called birthright citizenship in a case centered around President Donald Trump’s executive order.
The case itself was primarily used as a means of challenging the powers of lower courts to issue so-called universal or national injunctions, but High Court Justice asked about the merits of the order itself, which he signed on the first day of his second white House period, “protecting the meaning and value of American citizenship.”
The order scheduled to be enforced on February 20th directed all U.S. agencies to suspend the issuance of citizenship documents to children born to illegal immigrants or to children born to domestically born mothers, if the father is not a permanent resident or a US citizen.
Despite the Supreme Court’s focus on universal injunctions when listening to cases, deep and indomitable concerns continue about Trump’s attempts to rescind a 100-year legal precedent.
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US President Donald Trump will be shaking hands with Supreme Court Chief Justice John Roberts (R) as Melania Trump, Donald Trump Jr. and Ivanka Trump are watching after being praised at the ritual inaugurated at the U.S. Capitol Rotunda in Pool/Pool via Washington, DC Chip Somodevila/Re-Five File Photography. After Melania Trump, Donald Trump Jr. and Ivanka Trump are watching.
The ACLU included the story of one couple from Indonesia in the lawsuit, but said they live in New Hampshire and would be affected by the order.
“They arrived in 2023, applied for asylum, and their applications await review,” an ACLU lawyer said of the couple. “Mom is in the third trimester.
“Under this executive order, their babies are considered undocumented non-citizens, are denied basic medical care and nutrition, and newborns take significant risks at vulnerable stages of life,” they added.
And such issues will last throughout their lives, the group’s lawyers pointed out. These people are unable to obtain the necessary identification, such as driver licenses, and cannot vote, retain employment, or serve in the jury.
Trump spoke in detail on his first term and campaign trail, a campaign trail that wanted to end birthright citizenship, but his executive order sent shockwaves across the country. It was filled by a wave of lawsuits from Democratic-led states and immigration rights groups.
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The protesters hold a sign during “Hands Off!” Protest against President Donald Trump at Washington Memorial in Washington on Saturday, April 5th, 2025 (AP Photo/Jose Luis Magana)
One lawsuit brought by 18 Democratic Attorney Generals warned that by ending birthright citizenship, hundreds of thousands of US-born children will strip them of citizenship as a result of the environment completely outside their child’s control.
Statistics also handle this. Approximately 150,000 children are born to non-citizen parents every year in the United States. If the order was enacted as Trump imagined, experts warned that the impact would be devastating.
“President Trump’s attempt to unilaterally end citizenship is a terrible violation of our constitution,” said New Jersey Attorney General Matthew Platkin, who joined 17 other Democratic-led states earlier this year.
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The U.S. Supreme Court is at the heart of a new debate regarding the interpretation of the core clauses of Article 14. (Drew Anger/Getty Images)
“For over 150 years, our country has followed the same basic rules. The babies born in this country are American citizens,” added Prachin.
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More than 22 US state and immigration rights groups sued the Trump administration to stop a change in birthright citizenship before the Supreme Court’s decision to file a lawsuit, claiming that the court’s filings were unconstitutional and “unprecedented.”
To date, no court has sided with the Trump administration in supporting executive orders.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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