On April 1, the Supreme Court will hear oral arguments on perhaps the most controversial case of not only the 20-25 term, but one of the most significant cases since the Supreme Court’s first decision was handed down in 1791.

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The case is Trump v. Barbara. The court is asked to decide if U.S.-born children whose parents are BOTH illegal aliens have a birthright to U.S. citizenship. How the Court decides could finally clarify what the original authors intended by writing “under the jurisdiction thereof” in the 14^th Amendment.

The argument is really quite simple. Does that phrase mean illegal aliens or not?

Executive Order 14159

Contrary to popular belief, the 14th Amendment doesn’t say that all people born in the U.S. are citizens.

The 14^th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

This amendment was added to the U.S Constitution in 1868 after the Civil War to give citizenship to former slaves and their children.

On January 20, 2025, President Trump issued Executive Order 14159 claiming the 14^th Amendment always “excluded from birthright citizenship persons born in the United States but not ‘subject to the jurisdiction thereof.’

President Trump claims that the privilege of United States citizenship does NOT include persons born in the United States for the following reasons:

(1) when that person’s mother was unlawfully present in the United States, and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or

(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

In other words, a child must have at least one parent who is a U.S. citizen or a parent who holds a legal Permanent Resident Card, also known as a “green card.”

Children of illegal aliens are often called “anchor babies,” as their status as U.S. citizens for decades has allowed their parents to remain in the U.S. – a prime goal of the Left.

Pres. Trump’s Executive Order is not retroactive and applies to children of illegals born after February 19, 2025.

According to the Migration Policy Institute, EO 14159 could affect an estimated 255,000 babies each year. A group of social scientists estimated that if implemented, the order would strip 4.8 million future U.S.-born children of citizenship over the next 20 years.

Nationwide, nearly 60% of households headed by an illegal (and legal) immigrant collect federal benefits like Supplemental Nutrition Assistance Program aid and Medicaid, according to the Center for Immigration Studies. Often, a U.S.-born child is what makes the household eligible to receive these benefits.

For more information on this critical issue, see IFA’s article, 5 Things to Know About Birthright Citizenship.

What’s in Dispute

President Trump says he wants to restore the original meaning of the 14^th Amendment, which he says was never intended to extend citizenship to the children of illegal aliens and temporary visitors. Birthright citizenship is not available to children of foreign diplomats who are born in the U.S.

President Trump’s position is that illegal aliens are not subject to the jurisdiction of the United States government. This language is conveniently ignored by the Left.

So to qualify for citizenship, not only must a child be born in the U.S, but they must be completely subject to its “political jurisdiction” and owe direct and immediate allegiance to the U.S. and not another country.

He also contends that children of noncitizens “do not owe primary allegiance to the United States by virtue of domicile, for illegal aliens lack the legal capacity to establish domicile here.” In other words, children born to aliens are citizens of their parents’ native land and are subject to the jurisdiction of their parents’ country, not the U.S.

Some constitutional law scholars and historians disagree and point to over 150 years of tradition. They argue that if the 14^th Amendment had meant to give citizenship only to the children of parents who make their home permanently in the U.S., they would have said so. They claim that illegal aliens reside in the U.S. and intend to remain.

The challengers point to the citizenship laws passed by Congress in 1940 and 1952. The laws, however, simply repeat the same language of the 14^th Amendment. The challengers insist that Congress would have known that meant everyone born in the United States is automatically a U.S. citizen.

President Trump reasons that the Court should decide what the phrase actually means, not what Congress thought it meant. And the president asserts the language of the 14^th Amendment does not automatically confer citizenship on the children of illegal aliens and temporary visitors.

Challengers to Mr. Trump are also arguing that birthright citizenship is “settled law of the land.” But the Supreme Court has never directly addressed the original intent and meaning of the citizenship clause of the United States and whether it applies to U.S.-born children of illegal aliens.

Mr. Trump’s critics also claim that he is attempting to rewrite the Constitution to end “birthright citizenship.” His supporters say that he is merely correcting a decades-long misinterpretation of the 14^th Amendment and, therefore, birthright citizenship was never mandated by the Constitution.

What will be Decided

Both sides in the case agree that to be granted birthright citizenship under the Constitution, a child must be born inside U.S. borders, and the parents must be “subject to the jurisdiction” of the United States.

However, each side gives a very different interpretation of who falls under “the jurisdiction” of the United States.

We are one of only a very small number of countries that provide birthright citizenship. The Supreme Court will decide whether to uphold the president’s EO 14160, and if it does, birthright citizenship for children of illegal aliens ends, and the United States citizenry will be forever changed.

Let’s Pray

Dear Lord, we ask that you grant holy wisdom to the nine Justices deciding this controversial issue. We pray that they will understand the true meaning and original intent of the citizenship clause of the 14^th Amendment and rule according to Your Will. If any of you lacks wisdom, let him ask of God, who gives to all liberally and without reproach, and it will be given to him. (James 1:5)

We ask that in oral arguments on April 1st, they will listen with discernment and grace and sort the truth from the lies. For the LORD loves the just and will not forsake his faithful ones (Psalm 37:28).

Lord, we praise you for your righteousness and justice. We thank you that your throne, O God, is forever and ever and the scepter in your kingdom is a scepter of justice (Psalm 45:6).

Lord, guide the Justices to a fair and just decision during their deliberations. May your Spirit rest on them, the Spirit of wisdom and understanding, the Spirit of advice and power, the Spirit of knowledge and fear of the Lord (Isaiah 11:1-5).

Lord, we pray that whatever the decision, the people will hear it and accept it peaceably. We pray against any anger and violence that may be fermenting, and that no violence will erupt when the Supreme Court releases its decision. Let justice roll on like a river, righteousness like a never-failing stream! (Amos 5:24)

In Jesus Name, Amen.

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Belinda Brewster analyzes cultural, political, and world events from a biblical worldview. Belinda’s passion is to equip, support, and encourage parents and grandparents who are courageously battling against the spiritual and cultural forces impacting children and grandchildren. Photo Credit: Kurgenc/Getty Images.