politics

March 30, 2026

The Supreme Court will weigh Trump's birthright citizenship order this week. Here's what to know about the case.

March 30, 2026 / 8:34 AM EDT / CBS News

The Supreme Court will weigh Trump's birthright citizenship order this week. Here's what to know about the case.

TL;DR

  • The Supreme Court will decide the legality of President Trump's executive order on birthright citizenship.
  • The order denies U.S. citizenship to children born to mothers in the country unlawfully or with temporary status and fathers who are not citizens or lawful permanent residents.
  • The case, Trump v. Barbara, questions if the executive order violates the Citizenship Clause of the 14th Amendment and related federal law.
  • The Trump administration argues the 14th Amendment does not grant citizenship to children born to parents unlawfully present or temporarily in the U.S., citing a need to correct a 'misreading' of the clause.
  • The ACLU and plaintiffs argue the 14th Amendment guarantees birthright citizenship regardless of parents' immigration status, citing historical legal precedent, including the Supreme Court's 1898 decision in United States v. Wong Kim Ark.
  • A decision against the Trump administration could impact millions of Americans, while upholding the order would change current interpretations of citizenship.
  • The Supreme Court previously curtailed the ability of lower courts to issue nationwide injunctions related to this policy.

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