When will Supreme Court rule on Trump's birthright citizenship?

The U.S. Supreme Court announced Friday, December 5, it will take up a historic case to determine whether President Trump’s executive order ending birthright citizenship for children of undocumented and temporary immigrants is constitutional.

The court agreed to hear the Trump administration’s direct appeal, bypassing further lower court proceedings.

The arguments are expected in early 2026 with a definitive ruling likely by that summer.

The Supreme Court's case focuses on the interpretation of the 14th Amendment, ratified in 1868, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

U.S. President Trump signed the order on his first day in office, January 20, 2025, as part of sweeping immigration crackdown.

This redefined the citizenship clause, stating that it applies only to children of U.S. citizens and legal permanent residents, not to those born to parents in the country without authorization or on temporary visas.

Solicitor General D. John Sauer, who laid out the administration’s position, contends that the clause was originally intended to grant citizenship to newly freed slaves and was never meant to cover the children of immigrants lacking legal status.

He called the broader, century-long interpretation a “mistaken view” with “destructive consequences.”

Federal courts have consistently blocked the order. In July, a federal appeals court ruled it “contradicts the plain language” of the 14th amendment.

Several district judges have issued injunctions, finding the order unconstitutional or likely so, citing a Supreme Court precedent from 1898 (United States vs Wong Kim Ark) that affirmed birthright citizenship for children of lawful permanent residents.