U.S. President Trump became the first sitting president to attend oral arguments at the Supreme Court on Wednesday, April 1, 2026.
His administration defended an executive order to end automatic birthright citizenship for children that are born in the U.S. to parents who live temporarily or illegally in the U.S.
Trump arrives at the court at 10:00 a.m. However, he remained inside his motorcade for about an hour before departing as Solicitor General D. John Sauer wrapped up his opening argument.
The case is named Barbara v. Trump and involves an executive order issued on the first day of Trump’s second term.
The order has already been deemed unconstitutional by several lower courts, effectively halting its implementation.
The principle of birthright citizenship has been well established to have been codified in the 14th Amendment to the US Constitution, which was ratified in 1868 and declares that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”
Several justices expressed skepticism towards the administration’s position during arguments.
Repeated questions were raised by Chief Justice John Roberts about how the administration can expand limited historical exceptions, like children of foreign diplomats, to include children of undocumented immigrants.
Moreover, Justice Elena Kagan noted that the text of the 14th Amendment does not support the arguments presented by the administration.
Justice Amy Coney Barrett also asked Sauer questions related to how the administration’s policy aligned with the original intent of granting citizenship through this amendment to formerly enslaved individuals.
The Supreme Court has to make a final decision by late June or early July, at the end of its term.
