US_ Supreme Court agrees to hear Trump’s birthright citizenship case (Stephen Dinan - THE WASHINGTON TIMES)

THE WASHINGTON TIMES

Supreme Court agrees to hear Trump’s birthright citizenship case

Demonstrators holds up a banner during a citizenship rally outside of the Supreme Court in Washington, May 15, 2025. (AP Photo/Jose Luis Magana) **FILE** more >

By Stephen Dinan - The Washington Times - Friday, December 5, 2025


The Supreme Court said it will hear a case involving President Trump’s attempt to rewrite the rules on birthright citizenship, adding a monumental battle over immigration and constitutional rights to its docket.

Mr. Trump, acting by executive order, attempted to bar the government from recognizing citizenship of children born to illegal immigrant or temporary visitor parents.

That policy has been blocked by lower-court judges in every case where it’s been challenged. With its action on Friday, the Supreme Court will now have final say.

Mr. Trump’s opponents argue the 14th Amendment of the Constitution is clear in granting automatic citizenship to nearly every person born on U.S. soil — including illegal immigrants.

The amendment grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”

Mr. Trump argues that illegal immigrants and temporary visitors aren’t subject to the jurisdiction of the U.S., and therefore their children don’t automatically qualify for citizenship.

“The Citizenship Clause of the 14th Amendment was adopted to grant citizenship to newly freed slaves and their children — not to the children of temporary visitors or illegal aliens,” Solicitor General D. John Sauer wrote in asking the justices to take the case. 

But even if the language does have some wiggle room, some legal scholars say it’s up to Congress to change the policy and it cannot be done by presidential action alone.

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READ MORE: https://www.washingtontimes.com/news/2025/dec/5/supreme-court-agrees-hear-trumps-birthright-citizenship-case/

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