Supreme Court’s decision on birthright citizenship will depend on its interpretation of one key phrase

When the justices weigh the arguments, they will focus on the meaning of the first sentence of the 14th Amendment, known as the citizenship clause. zimmytws/Getty Images

The Supreme Court on Dec. 5, 2025, agreed to review the long-simmering controversy over birthright citizenship. It will likely hand down a ruling next summer.

In January 2025, President Donald Trump issued an executive order removing the recognition of citizenship for the U.S.-born children of both immigrants here illegally and visitors here only temporarily. The new rule is not retroactive. This change in long-standing U.S. policy sparked a wave of litigation culminating in Trump v. Washington, an appeal by Trump to remove the injunction put in place by federal courts.