Immigration advocates are warning that the citizenship status of “millions” of U.S.-born children, teens, and adults might be at risk if the Supreme Court endorses President Donald Trump’s executive order that denies citizenship to the children of undocumented immigrants.
During a morning session with the justices, ACLU Legal Director Cecilia Wang stated, “Thousands of American babies born after January 20, 2025” could lead to questions about the civil rights of millions of Americans, both past and present.
Trump’s lawyer, Attorney General John Sauer, dismissed this argument in court. He mentioned that the presidential order concerning citizenship would apply only in the future. “We ask the court to rule solely on future implications,” he said.
Justice Sonia Sotomayor, recognized as the court’s leading progressive, responded to Sauer’s point by saying that if they accepted his position, it might open the door for any president or Congress to decide on matters retroactively. “Your theory implies no limits,” she added.
Sauer reiterated, “We’re only asking for the court to limit its judgment to future applications. We are not seeking to take away citizenship that has already been granted.”
Advocates’ warnings about potential citizenship loss seem to be aimed at persuading judges who might hold the deciding vote to overturn Trump’s actions that restrict citizenship for undocumented individuals.
Justice Amy Coney Barrett, who leans conservative and joined with progressives in questioning, acknowledged that the implications of such a decision could be concerning.
Sauer, defending the executive order, argued that it offers clear and straightforward guidance on how to navigate these issues.
After the arguments, court watchers observed that it was difficult to predict the nine justices’ imminent decision, expected by the end of July.
Concerns were raised that each time a citizenship is granted to a child from abroad, it diminishes the power of Americans over their country.
Roughly 10 percent of births in the United States involve children of undocumented immigrants, alongside temporary workers and foreign nationals giving birth in the country. This figure has been steadily increasing.
Should Trump be successful in overturning universal birthright citizenship, it’s projected that as many as 6.4 million U.S.-born children could lose their legal status by 2050, according to a recent report.
Proponents of maintaining birthright citizenship have invoked the fear of citizenship revocation to sway judges who may lean toward re-evaluating citizenship for the children of undocumented and visa-holding immigrants.
A left-leaning publication expressed that if Trump’s 2025 order is deemed constitutional, it could set a precedent allowing future presidents to make it retroactive, potentially stripping citizenship from millions based on ancestry.
As highlighted in the article, “The rights and livelihoods of millions are at stake,” emphasizing the far-reaching consequences of such rulings.
“If the administration claims the Fourteenth Amendment does not grant citizenship to everyone, then neither the court nor the administration could make those born before the executive order citizens,” three constitutional scholars warned, noting the complexities of applying this exclusively to selected individuals.
In a statement, a group advocating for wealthy West Coast investors pointed out the dire fallout of repealing birthright citizenship, predicting an increase of 5.4 million illegal immigrants over the next half-century and an influx of around 255,000 babies born each year without legal status.
They cautioned that this could lead to an economic loss up to $1 trillion and the disappearance of 400,000 skilled, college-educated workers.
