On May 15, 2025, the U.S. Supreme Court heard oral arguments concerning former President Donald Trump’s Executive Order 14160, which sought to end birthright citizenship for children born in the U.S. to undocumented immigrants and temporary visa holders.
The case has garnered national attention due to its potential to reshape longstanding interpretations of the 14th Amendment’s Citizenship Clause.
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Key Legal Issues
The central question before the Court is whether federal judges possess the authority to issue nationwide injunctions blocking presidential policies.
While the constitutionality of the executive order itself was not the primary focus, the justices expressed concerns about the broad impact of such injunctions.
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Conservative justices appeared inclined to limit the scope of nationwide injunctions, arguing they should apply only to individual litigants or defined class actions.
In contrast, liberal justices warned that restricting judicial remedies could lead to inconsistent enforcement of potentially unconstitutional policies across the country.
Lower Court Rulings
Prior to the Supreme Court hearing, several federal judges issued preliminary injunctions blocking the enforcement of Executive Order 14160. U.S. District Judge John C. Coughenour of Washington described the order as “blatantly unconstitutional” and extended the ban on its enforcement nationwide .
The Ninth Circuit Court of Appeals upheld this injunction, with a panel of judges concluding that the government had not demonstrated a strong likelihood of success on the merits of the case.
Potential Implications
If the Supreme Court were to uphold the lower court injunctions, the executive order would remain blocked, and birthright citizenship would continue to be recognized for children born in the U.S. to undocumented immigrants and temporary visa holders.
Conversely, if the Court were to rule in favor of the Trump administration, the executive order could be implemented, potentially affecting the citizenship status of approximately 255,000 children born annually in the U.S.
Next Steps
The Supreme Court’s decision is pending. Given the significant constitutional questions involved, the Court’s ruling could have far-reaching implications for the interpretation of the 14th Amendment and the scope of executive authority.
