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Supreme Court likely to find birthright citizenship EO violates Constitution, Cornell expert says
December 5, 2025
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Today the Supreme Court decided it would hear oral arguments early next year in the challenge to President Trump’s executive order to end birthright citizenship. The Court is likely to decide the case by late June.
Stephen Yale-Loehr, retired Cornell Law School professor and immigration expert, says the Supreme Court will likely rule that Trump’s efforts to restrict birthright citizenship are illegal.
Stephen Yale-Loehr
Professor of immigration law
“Birthright citizenship guarantees citizenship to almost everyone born in the United States. Under President Trump’s January 20, 2025, executive order, people born in the United States would not be automatically entitled to citizenship if their parents are in this country illegally or temporarily. So far, lower courts have blocked the executive order from taking effect.
“President Trump’s executive order clearly violates the Constitution, a federal statute, and prior Supreme Court caselaw. Although the Supreme Court has been very deferential to President Trump so far on immigration issues, I predict that the Court will uphold birthright citizenship and declare President Trump’s efforts to restrict it illegal.”
