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January 1, Supreme Court to Review Trump Birthright Citizenship Order
Wyatt’s Take
- The Supreme Court will settle if President Trump’s order on citizenship for children of non-citizens is constitutional.
- This could change how the Fourteenth Amendment is understood in America.
- The ruling will impact families and immigration rules across the nation.
The U.S. Supreme Court will hear arguments in April on President Trump’s January 2025 order challenging automatic citizenship for children born to non-citizens in the U.S.
The case, Trump v. Barbara, will decide if the president’s move lines up with the Constitution’s Fourteenth Amendment.
The executive order says the Fourteenth Amendment should not be interpreted to give citizenship to everyone born on American soil, especially if a child’s parents are not citizens or legal residents.
It specifically targets children born in the U.S. where the mother is here unlawfully or temporarily and the father has no legal status or citizenship.
The ACLU and others sued, arguing the order contradicts long-standing legal understanding that anyone born in the U.S., except a few exceptions, is a citizen.
A federal court blocked the executive order, granting temporary protection to affected families, and allowed the case to go forward as a class action.
Barbara, a mother from Honduras living in New Hampshire, is the main respondent; her husband isn’t a U.S. citizen or permanent resident, and her family may need government benefits open to citizens.
The government argues the order returns the Fourteenth Amendment to its roots—meant to help freed slaves, not to encourage illegal immigration or so-called birth tourism.
The ACLU counters that stripping citizenship from certain children would break with over a century of American practice and legal precedent.
The Supreme Court’s decision, expected by summer, will shape the future of birthright citizenship for families nationwide.
Wyatt Matters
This debate goes to the heart of what it means to be an American. Everyday working families want strong, fair rules that put citizens first and keep our country secure for the next generation.
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Mark Gilstad
January 31, 2026 at 5:40 am
“the order contradicts long-standing legal understanding that anyone born in the U.S., except a few exceptions, is a citizen”.
Name another amendment in history that has “exceptions”. It is like being a little bit pregnant. If there are any exceptions, it is not written in stone, and therefore can be interpreted. Time to settle this once and for all.
Gerald King
January 31, 2026 at 10:14 am
So called ‘Birth right citizenship’ is a leftist creation to destroy America. The 14th Amendment ONLY insured citizenship for the freed slaves after the War for Southern Independence. That was its only intent.
James
January 31, 2026 at 11:47 am
I agree 100%. Plus if birthright citizenship was valid why are ALL DIPOMAT children born here not U.S. citizens?
Adele Virtue
January 31, 2026 at 6:06 pm
they are the exceptions
Nunya
January 31, 2026 at 12:36 pm
Absolutely correct!
James
January 31, 2026 at 11:43 am
If you read the amendment CORRECTLY it does not say that just being born here makes you a citizen. It says those born or naturalized and SUBJECT to the JUSISDICTION THEREOF are citizens. Those born here who’s parents are diplomats are not citizens because they still fall under the JURISDICTION of their parents home country. So why would children of illegals be any different?
Cynthia Burnett
January 31, 2026 at 7:55 am
If we deport the parents , what happens to the child? You would think they would want to take it with them. Why do these illegals have any rights to use our system for their gain? This crap has to stop. You people in politics restrict what we the people have been saying. We the people want them to go back from which they came. They are burdens to our country and have no intention of obeying our rules. Their hands will be out for the rest of their lives. I don’t want a dime of my tax money spent this way. I want people who will assimilate and speak our language. If not they are useless to America.
Pamella
January 31, 2026 at 8:22 am
If a law/rule has been misinterpreted for however long, shouldn’t it be re-interpreted so that it can become correctly interpreted for generations to come? The misinterpretation is part of our biggest issue at this time. At least one of the parents should be a legal citizen before the child should be determined a legal citizen. That would certainly stop a lot of the border issues & a lot of the “baby factories” would be out of business.
James
January 31, 2026 at 11:54 am
That is what happens when politicians try to look smarter than they are! Using lots of meaningless words to say something simple.
David A Hornung
January 31, 2026 at 8:33 am
This is a tough one. I support POTUS, but not sure on this one. What happens to children who are caught up years later, the only country/culture & possibly language they understand is English. This needs to be thought through, for now I would leave it as it stands.
Henry Packard
January 31, 2026 at 11:45 am
Then they can apply for ciizenship.
James
January 31, 2026 at 11:59 am
Read the 14th closely! It says JUSRIDICTION THEREOF. If birthright citizenship was valid why are children of diplomats born here not U.S. citizens?
Craig Byron Winans
January 31, 2026 at 7:39 pm
They won’t remove citizenship from those that are already granted through birth. But it would end any future granting of said citizen ship through this.
David A Hornung
January 31, 2026 at 8:33 am
This is a tough one. I support POTUS, but not sure on this one. What happens to children who are caught up years later, the only country/culture & possibly language they understand is English. This needs to be thought through, for now I would leave it as it stands.
James
January 31, 2026 at 12:06 pm
I have traveled all over this country and have NOT met a child of migrants legal or illegal that did not speak both languages.
Fred
January 31, 2026 at 8:57 am
This amendment was for black slaves, after freed, in USA, when created. Now the current interpretation is being used by Chinese (and other peoples), by initially lieing about pregnancy when a tourist coming into the USA, having a baby, getting a birth certificate, going back to China for 18 years of communist brainwashing, then coming to the US as a “citizen” to be a legal agent/spy for CCP in subversion of USA.
James
January 31, 2026 at 12:09 pm
I agree 100%
Sandy E Drake
January 31, 2026 at 9:31 am
An illegal parent in this country is illegal period. If neither parent is a citizen, neither are the children of this action. Think about it. A pregnant woman comes across the border illegally. That is in reality TWO illegals crossing the border, unless it is more than one unborn, at which time MORE illegal persons. The citizenship need only be granted if ONE parent is a citizen. All the children born of illegals here who have not procured citizenship since the children were born, are to be considered illegal. NO more Anchor Babies. The choice to become a citizen is a CHOICE, not a free ride. Big misinterpretation from day one. Fix it Supreme Court!
Philip F. Ward
January 31, 2026 at 9:43 am
Simple solution is to uphold the Executive order and that is the law going forward. Any person born to illegal aliens can stay, not as citizens but as legal aliens. Anyone born to illegal aliens from this day forward must be expelled with their parents. For those that disagree, put yourself in the shoes of someone born here 20 years ago of illegal parents. They have never known a life anywhere else, and many struggle to help their families make a living. Yes, many are dependent on welfare. That is why ALL welfare should be cut off after six months. No exceptions. One other thing I would want of all children born of illegal aliens before now. Any of them under 30 years old should join the military if they want to remain and serve four years. They should all have to take the classes and pass the citizenship test that all LEGAL new citizens must take.
Kamicka
January 31, 2026 at 10:47 am
I’ve been to 3rd countries and I can understand the why of wanting to come here. The 14th Amendment was for the children of freed slaves. Slaves and their children, up to that point, were not legal citizens. Once freed all children born to slaves became legal citizens. But the powers that be, in tge years to come, in order to get illegal votes, decided that children born in the US automatically became US citizens. When the 14th Amendment was written we didn’t have illigal immigrant problems, because everyone coming over WANTED to become a citizen. But once word got out that you could come here and get free everything, including citizenship for your children, we were overwhelmed with illegals. Now, not all illegals are bad people, but recently, the majority are. On my opinion, since slavery ended many, many years ago and the children of slaves children’s, children’s, are now legal citizens of this country, the 14th Amendnent no longer applies. Except if a child is born to legal and non-legal parents, such as Obama. Rather he was born in Kenya or Hawaii. When I was in Kenya, they claimed he was from there. LOL. Will we ever know the truth? Probably not, but he was still born to a legal mother. And if I’m correct, it doesn’t matter as long as one parent is legal.
So, yes, the 14th Anendment is no longer legal for children born of illegal parents, to automatically become a US citizen. They are illegal children born to illegal parents. Children born here years ago, NEED to legally become US citizens. Mainly because the Amendment was falsely interpreted. I don’t think they should immediately be kicked out, but should be given a time frame into which they can become legal citizens. Just as in any other country in this world. We should not be an exception.
Henry Packard
January 31, 2026 at 11:53 am
ANYONE,this includes obama,in order to run for president ,will be born to TWO natural born citizens of this country. And will have been born IN this country.
Henry Packard
January 31, 2026 at 11:59 am
This would also have included Mitt Romney and Ted Cruz as they were both born in Mexico.
James
January 31, 2026 at 12:19 pm
Obama was not a LEGAL president! He was born in KENYA and the Hawaiian birth certificate was proven to be a falsified document by law enforcement but that was ignored.
Steve Burke
January 31, 2026 at 10:55 am
This is not about the 5-year old in the current news cycle.
This is about the future of United States sovereignty. Your Children’s Children future. The future of your offspring that you will never hold.
The sovereignty of the United Stated depends on the definition of Citizenship.
My recommendation is:
A US Citizen is born to parents that are US Citizens (Natural Born Citizens or Naturalized Citizens by law).
No duel citizenship.
We can argue about the case when one parent is a US Citizenship and one parent is not a US Citizen.
It’s easy for me. At age 18, the offspring Naturalized and becomes a Naturalized US citizen and takes the current Naturalization Oath of Allegiance.
Learn about the history of Birthright Citizenship.
Repair links by deleting the space (%20)
https:%20//imprimis.hillsdale.edu/birthright-citizenship-and-dual-citizenship-harbingers-of-administrative-tyranny/
Link #2
https:%20//m.youtube.com/watch?v=wJbF1KIdPcM
I am a Retired US Marine Corps Officer.
I bet many Americans do not know that a Naturalized US Citizen must take an oath of allegiance.
Link #3
https:%20//m.youtube.com/watch?v=Rv0WOzEv39k&feature=youtu.be
I recommend every US Citizen (Natural Born or Naturalized) take an Oath of Allegiance at age 18.
You don’t want to take the oath of allegiance, fine. Can’t vote, can’t hold office or work in any government position or many government contract, no government benefits, etc.
Actions have consequences.
James
January 31, 2026 at 12:32 pm
One was to resolve the one parent a born citizen the other a foreign born is to do like Japan does. The parents are given so much time to decide on U.S. or Japanese citizenship and that applies to both military bases and embassies if the birth was in a Japanese hospital. Navy retired 8 1/2 years in Japan.
Nunya
January 31, 2026 at 12:48 pm
Why not just hand the Country over to them? IN the past 50 years or so we have added anywhere from 25-40 million that have made ZERO effort to become Citizens, but some States STILL LET THEM VOTE to ensure that their liberal crews get elected. It does not matter to them how ILLEGAL it is to have them vote in a Federal election. And it makes no difference to them if they ever become Citizens or not because those same States that rely on their votes to elect liberals pay them all of the social benefits that the Welfare Reform Act of 1996 (signed into law by Bill Clinton) and all associated immigration laws concerning benefits DENY their eligibility except in less than 5% of their cases. They simply flout the law to gain voters. This must not be allowed to stand. Oh, and the reason why that a court case is required to deport someone did not originally come from immigration law. It was because a bleeding heart liberal in the judiciary legislated it from the bench back in the 70’s. This needs to be overturned also. The “replacement thoery” starting to make more and more sense.
Steve Burke
January 31, 2026 at 3:21 pm
At the end of this post is today’s Fox & Friends, Weekend segment on Chinese Birthright Citizenship Tourism and the 53 Mexican Consulates in the United States.
Short term Mexican influence on voting and US House of Representatives apportionment; long term a Chinese US Citizen from an elite Chinese family buys the Presidency. From a pool of millions.
Hong King changed their definition of birthright citizenship after China flooded them with Chinese babies.
Today’s interpretation of the Natural Born Citizen, requirements to be the US President, is to be born on US soil nothing about who are birth parents.
This is one reason why I recommend both parents be US Citizens.
Requirements to be the US President:
Remove space (%20) to get link to work.
https: //constitution.congress.gov/browse/essay/artII-S1-C5-1/ALDE_00013692/
Think this is far fetched? How, the hell, did we get a Muslim, Marxist/Socialist as the Mayor of NYC post-911?
Money buys power. We need “by law” road blocks.
There is no congressional approved definition of Natural Born Citizen in the US.
Article 5 of the US Constitution specifies how to amend the US Constitution. If you have not read and studied the US Constitution please do in our 250th year since Independence. Carry a pocket Constitution.
US Citizens had best pull their head out of the sand.
—>
Peter Schweizer unveils Chinese birth tourism scheme and impact on US population
https: //www.foxnews.com/video/6388591780112
SteveB
Marine
Mike M
January 31, 2026 at 8:39 pm
If I was a betting man I would bet the issue will be delayed or ruled that any child born in this country is a citizen! Just look at the history of this foolish amendment. Also the three libs will not vote with Trump and the conservative judges are just wishy-washy.