All you need to know about the SCOTUS Birthright Citizenship case tomorrow
At the center of the case: who gets to be a citizen—and whether judges can block laws for the whole country.
This Thursday, May 15, the U.S. Supreme Court will hear a big case that could affect many immigrant families. The main issue? President Trump’s attempt to end birthright citizenship—the rule that anyone born in the U.S. is automatically a citizen, no matter their parents’ immigration status.
This case is complicated, but we’ll break it down for you as simply as possible.
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💡 What is birthright citizenship?
Birthright citizenship comes from the 14th Amendment of the U.S. Constitution. It says that anyone born in the U.S. is a citizen. This law has been in place since 1868 and has been confirmed by the courts many times.
🧑⚖️ What is the Supreme Court looking at?
Even though this case started because of Trump’s executive order ending birthright citizenship, the Supreme Court is not directly deciding whether that order is legal yet.
Instead, they’re looking at whether judges can stop the government’s policies nationwide—what’s called a universal or nationwide injunction.
If the Court says “no,” it could mean that when a judge blocks something, it only applies to the people or states who sued—not the whole country.
⚖️ How did this case get here?
On January 20, Trump signed an executive order that says: children born in the U.S. will not get automatic citizenship if their parents are undocumented or here on temporary visas.
This would start on February 19. But immigrant families and states quickly sued in several courts:
Trump v. CASA (Maryland): Filed by immigrants’ rights groups and five pregnant women.
Trump v. Washington: Filed by four states and pregnant women.
Trump v. New Jersey: Filed by 18 states, D.C., and San Francisco.
In all three cases, judges blocked the executive order. They said it was clearly unconstitutional. The Trump administration appealed but was still blocked.
So on March 13, the Trump team went straight to the Supreme Court and asked for permission to carry out the order anyway—at least in parts of the country.
Surprisingly, the Court agreed to hear arguments on May 15, even though its normal schedule had already ended.
🤔 What does the Trump administration want?
The Trump administration argues that judges shouldn’t be able to stop federal policies for the whole country unless it’s a class action. They claim these nationwide blocks:
Are not allowed by the Constitution,
Make it hard for the president to enforce laws,
And create confusion when different courts make different decisions.
They also briefly argue that the 14th Amendment doesn’t guarantee citizenship to all babies born here—only to those "under U.S. jurisdiction." According to them, this excludes kids of undocumented or temporary immigrants.
📢 What do the challengers say?
The groups and states fighting the order say:
The executive order is clearly unconstitutional.
The government hasn’t proven it’s being harmed by the delays.
The universal injunctions are necessary—because families and states across the U.S. are affected.
Without nationwide protection, families will be confused, states will lose money, and many children could be left without a clear path to citizenship.
They also argue that the Trump team barely tries to defend the actual birthright rule—they just focus on technical legal points.
🧩 Why does this matter to immigrants?
If the Court lets Trump’s order go into effect, some babies born in the U.S. might not be considered citizens anymore. This could affect thousands of families, especially those with mixed-status or temporary visa situations.
It would also cause confusion for states that issue birth certificates, run health programs like Medicaid, or determine legal rights.
And if the Court decides that nationwide injunctions are not allowed, future immigrant-friendly rulings could only protect small groups—not whole communities.
🧭 What happens next?
After the hearing on May 15, the Supreme Court will take some time to make its decision. There is no set date for a ruling, but it will likely come before the summer ends.
We’ll continue watching closely and will update you on what it means for you and your family.
Tune in for a live post-oral argument on the Supreme Court steps on twitch here.
If you want a more detailed breakdown of what’s happening tomorrow, read this article by the wonderful Scotus Blog reporter Amy Howe.
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