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Supreme Court says it will hear arguments on the constitutionality of Trump's birthright citizenship changes

A federal appeals court ruled in July that an executive order on birthright citizenship in the U.S. is unconstitutional.
Supreme Court says it will hear arguments on the constitutionality of Trump's birthright citizenship changes
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The U.S. Supreme Court on Friday said it would hear full arguments in a case brought by the Trump administration over birthright citizenship and whether it violates the 14th Amendment.

A federal appeals court ruled in July that an executive order on birthright citizenship in the U.S. is unconstitutional.

The order, which President Donald Trump signed on his first day in office on January 20, 2025, placed sharp limits on eligibility for birthright citizenship. It would no longer automatically grant citizenship at birth to children of immigrants in the U.S. without legal status.

The appeals court wrote that the executive order "contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to 'all persons born in the United States and subject to the jurisdiction thereof.'"

The Trump administration said the phrase “subject to the jurisdiction thereof” meant the U.S. could deny citizenship to children born from women in the country illegally.

It appealed the case to the Supreme Court in September.

RELATED STORY | Nationwide legal battle over birthright citizenship heads to Supreme Court

The high court previously ruled on part of the case, but addressed only whether courts had the constitutional ability to issue nationwide injunctions like the one that originally paused the administration's changes to birthright citizenship.

"Universal injunctions likely exceed the equitable authority that Congress has given to federal courts," the Supreme Court wrote at the time.

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