US Supreme Court to review case on birthright citizenship policy

The US Supreme Court has agreed to hear a case that will determine whether children born in the United States to parents without legal status or on temporary visas have a constitutional right to citizenship, Qazinform News Agency correspondent reports.

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Photo credit: AI-generated / Kazinform

The US Supreme Court has accepted a case that could redefine how the country interprets birthright citizenship, a principle rooted in the 14th Amendment for nearly 160 years. The case follows an executive order signed by President Donald Trump on his first day in office seeking to end automatic citizenship for children born to parents who are in the country illegally or on temporary visas. Lower courts blocked the order soon after, prompting the administration to appeal.

The Supreme Court has not yet scheduled oral arguments, and a ruling may take months. Legal analysts note that the upcoming decision could influence both immigration policy and the broader interpretation of American citizenship.

The 14th Amendment states that all individuals born or naturalized in the United States and “subject to the jurisdiction thereof” are citizens. Historically, this has been understood to include nearly all children born on US soil, except those of diplomats or foreign military personnel. The administration argues that the clause excludes children of individuals who are not permanently or lawfully present in the country.

Civil liberties groups, including the American Civil Liberties Union, maintain that the Constitution clearly establishes citizenship by birth and that presidents do not have the authority to alter that guarantee. They also emphasize that this has been the legal standard for more than a century.

Earlier federal court rulings held that the executive order violated the Constitution. Two circuit courts upheld injunctions preventing it from taking effect, though the Supreme Court later ruled that those injunctions exceeded judicial authority without addressing the underlying constitutional question.

Government filings argue that the 14th Amendment was originally intended to secure citizenship for formerly enslaved people and their descendants, not for children of foreign nationals visiting or residing without authorization. Opponents of this interpretation counter that the amendment’s language has consistently been applied more broadly.

Research from the Pew Research Center indicates that about 250,000 babies were born in the US to unauthorized immigrant parents in 2016, a 36% decline from 2007. By 2022, roughly 1.2 million US-born children had at least one parent without legal status. A 2024 study by the Migration Policy Institute and Pennsylvania State University projects that ending birthright citizenship could increase the unauthorized population by 2.7 million by 2045 and 5.4 million by 2075.

The Court’s ruling is expected to set a significant precedent for future immigration policy and the interpretation of constitutional citizenship in the United States.

Earlier, Qazinform News Agency reported that the White House had unveiled President Donald Trump’s new National Security Strategy, outlining plans to expand US engagement in the Western Hemisphere, adjust global priorities, and reaffirm longstanding security commitments.

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