Dec 5, 2025, 10:36 p.mDec 5, 2025, 10:36 p.m
US President Donald Trump.Image: keystone
The Supreme Court will consider the legality of a controversial decree by US President Donald Trump that would deny citizenship to certain newborns. The US Supreme Court granted a request from the government, which had asked the justices to take up the case.
Trump hopes this will give him the green light to implement his decree, which has so far been blocked in lower courts.
In the USA, the place of birth principle applies according to the 14th Amendment: All people who are born on US soil and are subject to American jurisdiction are automatically citizens – regardless of the residence status of their parents.
Trump questioned this principle immediately after his return to the White House: He signed a decree that would deny citizenship to children whose mothers did not have permanent residency status at birth or were only legally staying in the USA temporarily – such as tourists or students. It is also a prerequisite that the father is neither a US citizen nor has a permanent residence permit.
Birthright not the first time an issue has come before the Supreme Court
The move met with a lot of resistance in the USA and concerned various courts. In the legal tug-of-war over this, Trump had already achieved success before the Supreme Court in the summer. The Supreme Court decided at the time to partially suspend orders from federal judges who had temporarily halted his decree across the United States.
Such nationwide stops likely exceeded the authority of lower courts, they said. Unlike now, the focus back then was not on the constitutionality of the decree itself.
After the Supreme Court’s decision in June, a lower court again ordered a stop to the controversial decree – using a different legal lever. The US government is now pushing for a final decision on the matter. (sda/dpa)