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Citizenship Rights Battle 2026
April 7 , 2026
15 hrs 0 min
19
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- On April 1, 2026, Donald Trump became the first sitting U.S. President to attend oral arguments at the Supreme Court of the United States.
- The visit was linked to the Court hearing Trump’s appeal against a lower court ruling that struck down his executive order on birthright citizenship.
- Birthright citizenship in the United States is guaranteed under the Fourteenth Amendment to the United States Constitution.
- The amendment (1868) states that all persons born or naturalised in the U.S. and subject to its jurisdiction are citizens of the United States and the state they reside in.
- This principle means that anyone born on U.S. soil automatically receives citizenship, regardless of their parents’ immigration or citizenship status.
- An exception exists for children born to foreign diplomatic officers, as they have diplomatic immunity and are not subject to U.S. jurisdiction.
- Trump’s executive order, signed on the first day of his second term, aimed to restrict birthright citizenship.
- The order declared that children born in the U.S. to parents who are in the country illegally or temporarily would not be granted U.S. citizenship.
- It directed federal agencies to deny recognition of citizenship unless at least one parent is a U.S. citizen or a lawful permanent resident.
- Opponents also state that it conflicts with established administrative and immigration law principles.
- The executive order has been blocked nationwide by three U.S. district courts for being unconstitutional.
- The Supreme Court is now examining whether the executive order can override constitutional guarantees of birthright citizenship.
- If the Court upholds birthright citizenship, it can only be changed through a constitutional amendment process.
- Amending the Constitution requires approval by two-thirds of both houses of the U.S. Congress and ratification by three-fourths of state legislatures.
- Such a constitutional amendment process is lengthy and could take several years to complete.
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