Update on Executive Order Banning Birthright Citizenship for Children of Certain Noncitizens

On May 15, 2025, the Supreme Court will hear emergency oral arguments regarding the Trump Administration’s Executive Order ending birthright citizenship for US-born children of certain noncitizen parents. Federal district courts across the US have blocked the Executive Order’s enforcement since before it became active, with one judge declaring the Order “blatantly unconstitutional” based on the 14th Amendment’s guarantee of birthright citizenship. In response, the Trump Administration filed an emergency application with the Supreme Court, challenging the district courts’ decisions and arguing that the lower courts should not have imposed nationwide bans on the Order.