Carol Nackenoff

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Protesters support birthright citizenship on May 15, 2025, outside of the Supreme Court in Washington. AP Photo/Jacquelyn Martin

How citizenship chaos was averted, for now, by a class action injunction against Trump’s birthright citizenship order

Julie Novkov, University at Albany, State University of New York and Carol Nackenoff, Swarthmore College

The Supreme Court can still invalidate the newest national injunction and allow the order to go into effect anywhere it is not currently barred from doing so. That would create administrative chaos, the authors write.
The Constitution is clear that children born on U.S. soil automatically have U.S. citizenship, regardless of who their parents are. RichLegg/E+ via Getty Images

Trump’s attack on long‑standing principle of birthright citizenship stands, as Supreme Court sidesteps constitutional issue − for now

Carol Nackenoff, Swarthmore College and Julie Novkov, University at Albany, State University of New York

Since the earliest days of the nation, any person born on US soil is a US citizen. A new Supreme Court ruling limits judges’ ability to block Trump’s order.
Some people are U.S. citizens at birth, like this baby born in California. Joseph Sohm/Shutterstock.com

Who is born a US citizen?

Carol Nackenoff, Swarthmore College and Julie Novkov, University at Albany, State University of New York

If upheld, a federal court ruling would solidify birthright citizenship as the law of the land, and overturn more than a century of federal refusal to grant American Samoans citizenship status.

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