Trump Slams Birthright Citizenship As Supreme Court Weighs Major Constitutional Fight
President Donald Trump sharply criticized birthright citizenship following a high-profile appearance at the Supreme Court of the United States, where justices heard arguments over his executive order seeking to limit the practice.
Trump attended part of the oral arguments, marking a rare moment as a sitting president observed proceedings inside the nation’s highest court. He was present while Solicitor General D. John Sauer presented the administration’s case before departing shortly after.
Following the hearing, Trump took aim at current citizenship policy, arguing that the United States is out of step with the rest of the world in how it grants citizenship to individuals born on its soil.
At the center of the case is the interpretation of the 14th Amendment, specifically the phrase regarding individuals “subject to the jurisdiction” of the United States. The administration contends that this language has long been misunderstood and does not apply universally to all births within the country.
Under Trump’s executive order, children born to parents who are not U.S. citizens or lawful permanent residents would not automatically receive citizenship. The policy would also exclude children born to individuals in the country on temporary visas, such as tourists or students.
During the arguments, several justices raised concerns about the administration’s interpretation. Chief Justice John Roberts questioned aspects of the legal reasoning, while Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett also expressed skepticism on certain points.
Justice Samuel Alito signaled some openness to revisiting historical interpretations, particularly those tied to the 1898 ruling in United States v. Wong Kim Ark, which has long been cited as the foundation for modern birthright citizenship.
The administration argues that earlier legal definitions referenced terms like “resident aliens,” suggesting limits on who qualifies under the amendment. Opponents counter that the precedent has consistently affirmed citizenship for nearly all individuals born on U.S. soil, with only narrow exceptions.
Trump has framed the issue as a key part of his broader effort to address illegal immigration, arguing that current policies incentivize individuals to enter the country unlawfully in order to secure citizenship for their children.
The executive order has been blocked from taking effect by multiple lower courts, setting up the Supreme Court case as a pivotal moment in determining whether longstanding interpretations of the 14th Amendment will be upheld or redefined.