What’s at Risk if SCOTUS Sides With Trump in Birthright Citizenship Case

The Supreme Court will hear arguments Wednesday over President Trump’s executive order restricting birthright citizenship in a case that could decide who gets to be an American.

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Threat level: Trump’s order — which limits citizenship to children born in the U.S. with at least one parent legally in the country — would bar entire swaths of children from work authorization, certain jobs, Social Security, passports, SNAP, Medicaid, and voting.

According to a 2025 report by UCLA’s Latino Policy and Politics Institute, the order disproportionately affects immigrants of color. About 75% of children born to noncitizens are Latino, 12% are Asian American, 6% are white, and 5% are Black.

Between the lines: Some children could end up stateless, should their parents’ home nation(s) refuse to grant them citizenship after a U.S. birth.

International treaties discourage statelessness because it can leave people without legal rights.
The policy could also force noncitizens to choose between remaining in the U.S. while risking their children’s status or seeking documentation from countries they left.

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The Supreme Court upholding the policy would also mean children of DACA recipients, H-1B visa holders, people with temporary protected status, and those granted humanitarian parole could lose automatic citizenship.

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