Trump Admin: 14th Amendment Was Meant For Former Slaves, Not Children Of Migrants/Tourists

U.S. Solicitor General John Sauer argued Wednesday that the 14th Amendment’s citizenship clause was intended to apply to formerly enslaved people and their descendants — not to the children of undocumented immigrants or temporary visitors. He told Supreme Court justices that the clause’s language about being “subject to the jurisdiction” of the United States means owing “direct and immediate allegiance” — something he argues migrants without permanent status do not have.

Birthright citizenship has long been understood to guarantee citizenship to nearly anyone born in the U.S. but parts of the 14th amendments have not been tested in this way before. The Trump administration is defending a 2025 executive order, which the president signed on his first day back in office for a second term, denying citizenship to children of undocumented or temporary-status parents. Lower courts have blocked the order so far.

Some conservative justices, including Chief Justice John Roberts, appeared skeptical of parts of the argument on Wednesday.

If upheld, the policy could strip citizenship from an estimated 200,000 babies born each year to parents without permanent legal status moving forward, with long-term impacts affecting millions. A ruling from the Court is expected by early summer.

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