The 14th Amendment on Trial: Supreme Court Takes Up Trump’s Birthright Citizenship Ban

This week, the United States Supreme Court began hearing oral arguments in what could become one of the most consequential immigration cases in modern history. At the center of the controversy is former President Trump’s 2020 executive order that aimed to end birthright citizenship for children born in the United States to undocumented immigrants.

Though the executive order was blocked by lower courts shortly after it was signed, the legal fight has climbed its way to the nation’s highest bench. And now, with a conservative supermajority in place, civil rights advocates are sounding the alarm.

At BNCL, we believe this case is a direct assault on the Constitution. It is an effort to rewrite the plain text of the 14th Amendment and erase over 125 years of legal precedent.

The Legal Issue at Stake

The 14th Amendment states clearly: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

This has long been understood to mean that anyone born on U.S. soil, regardless of their parents’ immigration status, is automatically a citizen. That interpretation was cemented in the 1898 Supreme Court decision United States v. Wong Kim Ark, which affirmed birthright citizenship for children of non-citizen immigrants.

Trump’s executive order argued that the phrase “subject to the jurisdiction thereof” excludes children of undocumented immigrants. His legal team claimed that undocumented parents do not have full allegiance to the United States and therefore their children should not qualify for automatic citizenship.

Critics, including BNCL and nearly every credible constitutional scholar, argue this reading is not only inaccurate but dangerous.

Why It Matters

If the Supreme Court upholds Trump’s order, the United States would join a tiny group of countries that deny citizenship to people born within their borders. Worse, it would open the door to more executive power grabs that twist constitutional language for political purposes.

This case could lead to:

• A new class of stateless children who were born here but denied basic rights.

• More aggressive deportation policies targeting families who believed their children were U.S. citizens.

• Widespread confusion and litigation over who is, and isn’t, entitled to citizenship.

This is not about border control. This is about redefining who gets to belong in America.

A Civil Rights Flashpoint

At BNCL, we view this case through the lens of historical discrimination. Denying citizenship to children of immigrants—especially immigrants from Latin America, Africa, and Asia—is not just a legal maneuver. It’s a continuation of white nationalist policy-making.

It’s no coincidence that the push to restrict birthright citizenship has surged alongside efforts to gut DEI programs, dismantle voting rights, and eliminate race-conscious admissions policies.

This is all connected. The aim is to limit who gets to participate in American life. To exclude. To erase. To maintain power through fear and legal manipulation.

The Justices and the Stakes

During oral arguments, the conservative bloc of the Court appeared divided. Justice Thomas signaled support for the executive order, framing the issue as one of national sovereignty. Justice Barrett, however, raised questions about the practical chaos such a ruling could unleash. The liberal justices were unified in their skepticism, pressing the government’s lawyers on historical precedent and plain constitutional text.

The outcome is far from certain. A ruling is expected by late June.

BNCL’s Commitment

Whatever the ruling, BNCL will remain committed to defending the rights of immigrant communities. We are preparing for a surge of calls and cases from families caught in the legal gray zone that this case threatens to create.

We are also supporting partner organizations nationwide to educate families on their rights and ensure children born here are not retroactively stripped of their identity.

What You Can Do

• Contact your representatives. Urge Congress to pass legislation reaffirming birthright citizenship as a statutory right, regardless of this Court’s decision.

• Support immigrant rights groups. Organizations like NILC, MALDEF, and ACLU are on the front lines of this legal battle.

• Know your rights. If you or someone you know is concerned about their child’s citizenship status, consult with a qualified civil rights attorney immediately.

Final Thoughts

The 14th Amendment is not a suggestion. It is a promise. A promise that America belongs to all who are born here. A promise that the law applies equally, not selectively.

If the Supreme Court breaks that promise, it will not go unanswered. The people will respond. And BNCL will be right there with them, defending every inch of ground we’ve fought to gain.