Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Supreme Court Weighs Trump’s Birthright Citizenship Order Amid Constitutional Debate

News

Supreme Court Weighs Trump’s Birthright Citizenship Order Amid Constitutional Debate

Members of CASA advocacy group gather outside of the Supreme Court in Washington, D.C. toask justices to protect birthright citizenship on May 15, 2025.

Angeles Ponpa/Medill NewsService

WASHINGTON- The Supreme Court on Thursday heard oral arguments over a Trump administration order that would deny automatic U.S. citizenship to children born on American soil to undocumented immigrant parents and others in the country temporarily. The order challenged more than a Century of legal precedent.

The case centers on Executive Order 14160, signed in January by President Donald Trump, which asserts that the 14th Amendment's Citizenship Clause does not apply to children born to noncitizens without permanent legal status. Lower courts swiftly blocked the policy, prompting a high-stakes showdown over both the scope of the amendment and the president's power to unilaterally reinterpret it.


Solicitor General D. John Sauer, defending the administration, argued that the 14th Amendment was intended to grant citizenship specifically to formerly enslaved people, not to “illegal aliens or people here temporarily.”

“We have our lower courts making snap judgments,” Sauer said, criticizing nationwide injunctions as judicial overreach.

Justices across the ideological spectrum appeared skeptical of the administration’s argument.

“Congress decides birthright citizenship, not the executive branch,” said Justice Sonia Sotomayor flatly.

Justice Brett Kavanaugh suggested that the administration’s order would create a chaotic situation for hospitals.

“How’s it going to work? What do hospitals do with a newborn? What do states do with newborns?” he said.

Justice Ketanji Brown Jackson expressed concern that Trump’s ban would force many families to pay for lawyers and file lawsuits to prove their children are legitimate citizens.

“Your case is turning the court system into a ‘catch me if you can’ regime where everyone has to get a lawyer and file a lawsuit,” said Jackson.

Justice Elena Kagan raised practical concerns about fairness, suggesting that only individuals with the resources to sue would be able to protect their rights. “The ones who can’t afford to go to court, they’re the ones who are going to lose,” she said.

- YouTubeyoutu.be

Outside the courthouse, protesters gathered with signs defending the right to citizenship. Among them was Maya, an undocumented immigrant from Mexico City who came to the United States to follow her husband in pursuit of a better economic life. She asked that her last name not be published because she feared deportation.

“Our intention isn’t to come to this country and have kids, maybe that comes after,” she said in Spanish. “Those of us who migrate, we come with the intention of a better life. Citizenship for kids of undocumented parents is a right, It shouldn’t matter what political opinions people have.”

Massachusetts Attorney General Andrea Campbell, who led a coalition of states challenging the order, warned that the executive action threatened to erode fundamental constitutional protections.

“If they can dismantle this amendment with a Sharpie and a stroke of a pen and give the president significant authority,” Campbell told the crowd, “It moves toward being a king versus a democratic president. They can come for the First Amendment, they can come for the Second.”

The case also raised questions about the legality of sweeping injunctions issued by federal judges to halt presidential policies nationwide. Some conservative justices indicated openness to curbing that power, even if they disagreed with the administration's reading of the Constitution.

Thursday’s arguments marked one of the most consequential immigration hearings at the high court in years, with implications that could go far beyond citizenship policy. A ruling in favor of the administration could significantly expand executive authority in defining constitutional rights.

A decision was expected by the end of June.

Angeles Ponpa is a graduate student at Northwestern Medill in the Politics, Policy, and Foreign Affairs specialization. Ponpa specializes in covering immigration and does bilingual reporting in both English and Spanish.


Read More

The Arrest of Maduro Is Not How Democratic Nations Behave

UK newspaper front pages display stories on the capture and arrest of President Nicolas Maduro from Venezuela in a newsagent shop, on January 4, 2026 in Somerset, England.

Getty Images, Matt Cardy

The Arrest of Maduro Is Not How Democratic Nations Behave

The United States' capture and arrest of Venezuelan President Nicholas Maduro is another sign of the demise of the rules-based international order that this country has championed for decades. It moves us one step closer to a “might-makes-right” world, the kind of world that brings smiles to the faces of autocrats in Moscow and Beijing.

“On the eve of America's 250th anniversary,” Stewart Patrick, who served in the George W. Bush State Department, argues, “Trump has launched a second American Revolution. He's declared independence from the world that the United States created.” Like a character in a Western movie, for the president, this country’s foreign policy seems to be shoot first, ask questions later.

Keep ReadingShow less
Empty jury seats in a courtroom.

From courtrooms to redistricting, citizen panels prove impartial judgment is still possible in American democracy.

Getty Images, Mint Images

How Juries and Citizen Commissions Strengthen Democracy

In the ongoing attacks on democracy in 2025, juries and judges played a key role in maintaining normal standards of civil rights. As it turns out, they have something important to teach us about democracy reform as well.

The Power of Random Selection

Juries are an interesting feature of the American legal system. They are assemblies of men and women picked at random, who come together on a one-time basis to perform a key role: rendering an independent judgment in a trial or indictment proceeding. Once they're done, they are free to go home.

Keep ReadingShow less
Undocumented Students and Education: Rights, Risks, and What’s Changing
People are protesting for immigrants' rights.
Photo by Jason Leung on Unsplash

Undocumented Students and Education: Rights, Risks, and What’s Changing

The state of educational rights for undocumented people has been a longstanding policy dilemma that continues to have an uncertain trajectory. Its legal beginnings emerged in 1982, when the Supreme Court case Plyler v. Doe ruled against the state of Texas Education Code Section 21.031, which would have allowed school districts to deny undocumented students enrollment in K-12 public schools. In its decision, the Court noted that the Equal Protection Clause of the 14th Amendment applies to both citizens and noncitizens, regardless of lawful status.

As for postsecondary education, section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 prohibits undocumented people from receiving in-state tuition. In addition, federal loan applications that require Social Security Numbers for eligibility—outlined on the Free Application for Federal Student Aid (FAFSA) website—render federal aid inaccessible to undocumented students, who might consequently avoid higher education or, in some cases, risk deportation after applying for aid.

Keep ReadingShow less
Justice in the Age of Algorithms: Guardrails for AI

Microchip labeled "AI"

Eugene Mymrin/Getty Images

Justice in the Age of Algorithms: Guardrails for AI

Artificial intelligence is already impacting the criminal justice system, and its importance is increasing rapidly. From automated report writing to facial recognition technology, AI tools are already shaping decisions that affect liberty, safety, and trust. The question is not whether these technologies will be used, but how—and under what rules.

The Council on Criminal Justice (CCJ) Task Force on Artificial Intelligence, in late October, released a framework designed to answer that question. The panel, which includes technologists, police executives, civil rights advocates, community leaders, and formerly incarcerated people, is urging policymakers to adopt five guiding principles to ensure AI is deployed safely, ethically, and effectively.

Keep ReadingShow less