The Supreme Court of the United States (SCOTUS) will hear oral arguments on birthright citizenship on November 12, 2025. The central question to SCOTUS’ review is this: Are all people born physically within the United States automatically US citizens? Since the late 1800s, the answer has been a solid yes. However, the government’s been challenging that definition over the past year.

Background

Much of the media coverage focused on the Constitution. The government argued the 14th Amendment doesn’t confer citizenship on children born in the United States to undocumented parents. However, there’s also a federal statute in play. Specifically, the Immigration and Nationality Act of 1952 explains that “every person born in the United States” and subject to its jurisdiction “shall be a citizen of the United States.”

This presents a problem for the government. Generally speaking, the Supreme Court decides cases on statutory grounds, rather than pose new constitutional questions. That means the Supreme Court could rule the plain language of the 1952 law alone defeats the government’s argument. In that case, the government could attempt request that Congress amend or rewrite the law. However, Congress has had such legislation before it for years but refused to pass anything.

Impact

If the Supreme Court does rule in the government’s favor, it could retroactively call millions of people’s legal status into question. Furthermore, it could establish the precedent that the government can redefine constitutional understanding via an executive order. This is because the government first attempted to roll back birthright citizenship via an executive order.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.