OAN Staff Katherine Mosack
1:02 PM – Friday, December 5, 2025
The United States Supreme Court has announced that it will hear arguments in the case surrounding birthright citizenship, deciding if President Donald Trump can end birthright citizenship for children born to illegal alien parents in the United States.
On Friday, the court agreed to review a lower appeals court’s decision earlier this week, which rejected the Trump administration’s interpretation of the 14th Amendment’s Citizenship Clause.
“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 Amendment in question reads in Section 1.
The administration argues that this protection does not extend to babies born to parents who are in the U.S. illegally or temporarily, citing the “subject to the jurisdiction thereof” phrase, because the parents may be loyal to a foreign country.
Trump has directed federal agencies not to recognize the citizenship of children born in the country if they do not have at least one parent who is an American citizen or owner of a “Green Card” — officially known as a Permanent Resident Card.
He issued an executive order (EO) with this directive on his first day back in office this year, specifying the rule would apply to babies born more than 30 days after it was signed.
The Supreme Court is expected to rule next year on whether or not Trump’s January 2025 order complies with the 14th Amendment.
U.S. Solicitor General D. John Sauer asked the high court in late September to review Trump’s EO, contending that the lower court’s decision was too broad and “invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security.”
He said that the Supreme Court has a “compelling interest in ensuring that American citizenship — the privilege that allows us to choose our political leaders—is granted only to those who are lawfully entitled to it.”
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