The Supreme Court will hear arguments in May 2025 regarding President Trump's executive order aiming to end birthright citizenship for children of undocumented immigrants and foreign residents. The justices' decision to hear the case quickly suggests they deem it significant.
Issued on President Trump's first day in office, the executive order sought to revoke birthright citizenship—the guarantee that individuals born in the U.S. are automatically citizens—for specific groups of children.
Lower courts have imposed bans on the policy, and the Trump administration appealed to the Supreme Court, arguing for the overturning of these bans. The Supreme Court will consider the matter on May 15th, 2025; until then, the executive order remains paused nationwide.
The Supreme Court on Thursday announced that it would hear arguments in a few weeks over President Trump’s executive order ending birthright citizenship.
The brief order by the justices was unsigned and gave no reasoning, as is typical in such emergency cases. But the move is a sign that the justices consider the matter significant enough that they would immediately consider it, rather than letting it play out in lower courts.
The justices announced they would defer any consideration of the government’s request to lift a nationwide pause on the policy until they heard oral arguments, which they set for May 15.
That means that the executive order, which would end birthright citizenship for the children of undocumented immigrants and foreign residents, will remain paused in every state while the court considers the case.
In three emergency applications, the Trump administration asked the Supreme Court to find that lower courts had erred in imposing bans on the policy that extended beyond the parties involved in the litigation. It did not ask the court to weigh in on the constitutionality of the executive order, which was challenged soon after it was signed.
On President Trump’s first day in office, he issued the executive order ending birthright citizenship, the guarantee that a person born in the United States is automatically a citizen, for certain children.
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