Trump’s birthright citizenship ban may fail — but the administration already got too far
Airfind news item
By Gaby Del Valle
Published on April 1, 2026.
The Supreme Court heard arguments in a case challenging President Donald Trump's 2025 executive order banning birthright citizenship. The 14th Amendment states that all persons born or naturalized in the US are citizens of the United States and subject to the jurisdiction of the state. The administration argues that noncitizens and those who do not have permanent residency are not subject to US jurisdiction as they are loyal to a foreign power. This interpretation would overturn centuries of US law and precedent set by English common law, leaving hundreds of thousands of children without status or stateless upon birth. The court's decision to challenge the executive order was immediately challenged in court, and several federal injunctions prevented its implementation. However, birth right citizenship remains the law of the land.
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