Supreme Court Hears Birthright Citizenship Case

Trump signed an executive order on the first day of his second term restricting birthright citizenship. The order would have meant that children born in the United States to parents who were undocumented would not be automatically granted U.S. citizenship.

Supreme Court Hears Birthright Citizenship Case
Photo by Fine Photographics / Unsplash

On Wednesday, April 1, the Supreme Court heard oral arguments in a case testing the bounds of birthright citizenship, which is outlined in the U.S. Constitution. The case, Trump v. Barbara, drew plenty of onlookers and spectators at the court, including President Trump himself (he became the first sitting president to attend Supreme Court arguments).

Trump signed an executive order on the first day of his second term restricting birthright citizenship. The order would have meant that children born in the United States to parents who were undocumented would not be automatically granted U.S. citizenship.

According to the ACLU, thousands of children and families would be impacted by the end of birthright citizenship. The ACLU brought forth the legal challenge against the Trump executive order on behalf of children who would have been denied citizenship based on its criteria. ACLU Legal Director Cecilia Wang presented arguments in front of the Supreme Court.

Many of the Justices, including those appointed by Trump, appeared skeptical at the arguments from Solicitor General John Sauer as he defended the executive order. Justice Neil Gorsuch asked Sauer if Native Americans would be considered birthright citizens. Sauer did not have a direct answer. “I have to think that through,” he told Gorsuch.

Trump did not stay at the Supreme Court for the entirety of the proceedings. Ahead of the case, he took to posting on his Truth Social account blasting the notion of birthright citizenship and claiming the United States is the only country that abides by that legal framework. According to Pew Research, 32 other countries have similar birthright citizenship laws.

A Truth Social from President Trump

After oral arguments, groups and advocates supporting birthright citizenship held a rally on the steps of the Supreme Court. The speakers included legal experts, community leaders and social media influencers like Carlos Espina, from Houston. Senator Alex Padilla from California also spoke at the rally.

“Donald Trump and his allies want to be able to select who’s a citizen and who’s not,” said Padilla. “He wants to be able to pick who gets to be an American and who doesn’t.”

The full decision from the Court is expected in June or July.