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Supreme Court to Consider Trump’s Plan to Curb Birthright Citizenship

Tevin McLeod - December 5, 2025



The Supreme Court announced that it would hear arguments regarding President Donald Trump’s executive order to end birthright citizenship for the children of illegal aliens who are born in the United States.
Trump issued an executive order in January, that would end the “awarding of birthright citizenship to the children of illegal migrants.”
The Supreme Court said, “they would take up a justice department appeal of a lower court’s ruling that blocked Trump’s executive order,” according to the Guardian:
The justices on Friday announced they would take up a justice department appeal of a lower court’s ruling that blocked Trump’s executive order telling US government agencies not to recognize citizenship of children born in the US if neither parent is an American citizen or legal permanent resident.
The lower court ruled that Trump’s policy violated the constitution’s 14th amendment and a federal law codifying birthright citizenship rights in a class-action lawsuit by parents and children whose citizenship is threatened by the directive.

Breitbart News’s John Binder reported in July that Judge Joseph LaPlante of the United States District Court for the District of New Hampshire, who was appointed by former President George W. Bush, “granted a classwide preliminary injunction to illegal aliens who have sued the Trump administration.”
The lawsuit was reported to be “linked to George and Alex Soros’s Open Society Foundations.”
An Obama-appointed judge, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts, also issued a ruling “that a prior nationwide injunction blocking Trump’s order can stand.”

The Center for Immigration Studies (CIS) reported in 2019 that according to “two new analyses” by CIS, “There are 39,00 births a year to foreign students, guest workers and other on long-term temporary visas.” This is in addition to 33,000 “births annually to tourists,” and to the “nearly 300,000 births each year to illegal immigrants.”
Breitbart News reported that roughly 400,00 “anchor babies” were born to illegal aliens, tourists, and foreign visa workers in 2024.
***Update***
According to PBS, “The case will be argued in the spring,” and the Supreme Court will give a “definitive ruling” by early summer 2026.”
https://www.pbs.org/newshour/politics/supreme-court-will-decide-whether-trumps-birthright-citizenship-order-violates-the-constitution



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