Supporters of birthright citizenship rally outside the Supreme Court as the justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily, on Capitol Hill, in Washington.
| Photo Credit: AP
The Supreme Court of the United States witnessed a historic scene on April 1, 2026, when President Donald Trump sat in the front row of the Court as Justices, some nominated by him, heard oral arguments regarding the validity of the executive order against birthright citizenship in the country.
He was the first sitting U.S. President to attend in person for the proceedings of the country’s highest court.
Mr. Trump left the court during the Opposing party’s arguments and later posted on social media: “We are the only Country in the World STUPID enough to allow Birthright’ Citizenship!” Many other countries allow the same.
What is birthright citizenship?
Anyone born in the United States is considered a citizen of the country by birth. This was brought into the American Constitution by the 14th Amendment in 1868. The amendment states: “All persons born or naturalised in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
There is an exception to people born in the U.S. to a foreign diplomatic officer, since they have diplomatic immunity and are not under the jurisdiction of the U.S.A.
This, in simpler terms, means that any person born on American soil will be given a U.S. birth certificate and will be considered a citizen, regardless of their parents’ immigration or citizenship status.
How did Donald Trump change the birthright citizenship law?
Mr. Trump, on January 20, 2025, passed an executive order that directed federal agencies to refuse to recognise the citizenship of the U.S.-born individuals who do not at least have one parent who is an American citizen or lawful permanent resident.
What do the critics say?
Critics and opponents of the executive order by Mr. Trump say that it violates the Constitution’s 14th Amendment and overrides Congress’s power while violating administrative and immigration law.
They argue that the order will upend the American practice of proving citizenship by producing a birth certificate, with the focus on the place of birth and not the immigration status of the parents.
Why is Trump against birthright citizenship?
Cracking down on illegal immigrants has been a key election agenda of Mr. Trump, with the passing of several orders against such migrants. There were an estimated 11 million immigrants in the U.S. illegally in January 2022, according to a U.S. Department of Homeland Security estimate, a figure that some analysts now place at 13 to 14 million. Their U.S.-born children are considered by the government to have U.S. citizenship, which Mr. Trump opposes. He even claims forgeiners give birth in USA in order to get citizenship, and terms it “birth tourism”.
What has the Trump administration argued in court?
The executive order has been blocked by three U.S. district courts on a nationwide basis for violating the Constitution.
Trump administration has argued for a narrowing down the lower courts’ injunctions. It has argued that judges lack the scope of issuing injunctions with nationwide implications. The administration has argued that the term “jurisdiction” in the Citizenship Clause refers to “political jurisdiction,” which it said is defined by a person’s allegiance. Applying that test, the administration argued that citizenship should be denied to U.S.-born children who did not have one parent legally allowed to permanently reside in the United States. It argued that the universal application of birthright citizenship has created strong incentives to enter the country illegally and led to national security risks from conferring citizenship on people who may have an allegiance to a U.S. adversary.
What does this mean for Indian-origin children in the U.S.?
The executive order issued by Mr. Trump is, as of now, blocked and all babies born on U.S. soil are being issued American birth certificates and considered citizens, regardless of the parents’ immigration status.
If the executive order is upheld, one of the most impacted groups would be H-1B visa holders and international students, out of whom Indian migrants make up the bulk. But for now, the status quo remains; the executive order is not retroactive in scope, which means that it would not impact children born before the order was issued.
What happens if the SC upholds birthright citizenship?
If the SC upholds birthright citizenship, then only a constitutional amendment can change that. This would require two-thirds support from both houses of the U.S. Congress and approval by three-quarters of state legislatures, a process that would likely take years.
(With inputs from Reuters, AP)
Published – April 02, 2026 12:30 pm IST
