Supreme Court Keeps Hold On Trump’s Restrictions on Birthright Citizenship but Sets May Arguments
Mark Sherman, Associated Press, April 17, 2025
The Supreme Court on Thursday kept on hold President Donald Trump’s restrictions on birthright citizenship but agreed to hear arguments on the issue in May.
Trump’s executive order to end birthright citizenship for the children of people who are in the U.S. illegally has been halted nationwide by three district courts around the country. Appeals courts have declined to disturb those rulings.
The Republican administration had sought to narrow those orders to allow for the policy to take effect in parts or most of the country while court challenges play out. That is expected to be the focus of the high court arguments on May 15.
Birthright citizenship automatically makes anyone born in the United States an American citizen, including children born to mothers in the country illegally. The right was enshrined soon after the Civil War in the Constitution’s 14th Amendment.
Trump and his supporters have argued that there should be tougher standards for becoming an American citizen, which he called “a priceless and profound gift” in the executive order he signed soon after becoming president again in January.
The Trump administration has asserted that children of noncitizens are not “subject to the jurisdiction” of the United States, a phrase used in the amendment, and therefore are not entitled to citizenship.
Trump said he is “so happy” the Supreme Court will hear arguments.
“I think the case has been so misunderstood,” Trump told reporters in the Oval Office.
He noted that the 14th Amendment, granting automatic citizenship to people born in the U.S., was ratified right after the Civil War. He suggested that means it is “all about slavery.”
“If you look at it that way, we would win that case,” Trump said.
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