President Donald Trump’s executive order to restrict birthright citizenship has been put on hold by the Supreme Court. The Court has agreed to hear arguments on the matter in May.
Previously, three district judges throughout the United States halted Trump’s unilateral order to revoke birthright citizenship for immigrant children, and the Appeals Court also declined to review those decisions.
While legal challenges are being heard, the Republican government has attempted to restrict those orders such that the program can be implemented in some or most of the nation. The Supreme Court arguments are expected to be heard on May 15.
President Donald Trump issued an executive order on January 20, 2025, restricting birthright citizenship to children born to illegally present parents or temporary visa holders, such as students or tourists. President Trump’s executive order states that American citizenship can only be granted to children with parents holding U.S. citizenship or a US Green Card.
If the Trump’s birthright citizenship Order goes through, the parents with valid nonimmigrant visas, such as an H-1B working visa and F-1 student visa, will now need to file for dependent visas for their newborn children.
As of now, those born in the USA are protected under the 14th Amendment of the American Constitution, which states – The Fourteenth Amendment of the U.S. Constitution guarantees citizenship to all children born in the United States, regardless of race, color, or ancestry. The Fourteenth Amendment’s Citizenship Clause states,” All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.
Anyone born in the United States, even the progeny of illegal immigrants, is automatically accorded birthright citizenship. The 14th Amendment to the Constitution, ratified shortly after the Civil War, provided this privilege.
According to a recent court filing, Trump’s executive order clarified the phrase “subject to the jurisdiction” within the citizenship clause of the 14th Amendment, interpreting the phrase to mean that immigrants in the country unlawfully or temporarily would not be entitled to birthright citizenship. According to the Trump administration, children of noncitizens are not entitled to citizenship since they are not “subject to the jurisdiction” of the United States, as the amendment states.
Trump has stated that the 14th Amendment was ratified shortly after the Civil War, granting citizens of the United States automatic citizenship. That indicates that it is “all about slavery,” as Trump stated.