In a rare and urgent move, the U.S. Supreme Court has agreed to hear arguments on a controversial new executive order that could reshape how birthright citizenship is granted in the U.S.

The executive order, signed in January, argues that not all children born in the U.S. should automatically receive citizenship—specifically, it claims that only children whose parents are “subject to the jurisdiction” of the U.S. (such as legal residents or citizens) should qualify. If upheld, this could deny automatic citizenship to children born to undocumented immigrants or temporary visitors.

What the 14th Amendment Says

The 14th Amendment, passed in 1868, states that anyone born on U.S. soil and “subject to the jurisdiction” of the U.S. is a citizen. It was originally meant to ensure citizenship for formerly enslaved people, but courts have since interpreted it broadly to cover nearly everyone born in the country, regardless of their parents’ status.

However, the exact meaning of “subject to the jurisdiction” has never been clearly defined by the Supreme Court, and that’s what makes this case historic.

Lower Courts Blocked the Order

Federal judges across the country quickly blocked the order, and appeals courts in San Francisco, Boston, and Richmond agreed. In response, the Justice Department made an emergency appeal, asking the Supreme Court to intervene and allow the order in some states while the legal battle continues.

The Supreme Court has now agreed to hear the case on May 15, an unusually late date in its annual calendar, signaling the issue’s urgency and national significance.

What’s at Stake

The last time the Court ruled on this topic was in 1895, when it affirmed that children born in the U.S. to legal immigrants are citizens. Since then, the idea of birthright citizenship has remained largely settled—until now.

Supporters of the executive order argue that the 14th Amendment was never meant to cover undocumented immigrants or temporary visitors. Critics say the move is unconstitutional and threatens a long-standing American principle: if you’re born here, you belong here.

What’s Next

With arguments set for May, the Supreme Court’s eventual decision could have major consequences for future generations of Americans, immigration policy, and the interpretation of constitutional rights.