The U.S. government is fighting in federal courts to end birthright citizenship and revoke the citizenship of specific individuals [1], [2].
This legal struggle challenges a fundamental pillar of American law, the 14th Amendment, and could redefine who is eligible for U.S. nationality. If the administration succeeds, thousands of people born in the U.S. to non-citizen parents could lose their legal status.
President Donald Trump (R-FL) signed an executive order on Jan. 20, 2026, seeking to eliminate birthright citizenship [1]. The order was designed to take effect within 30 days [1]. However, the federal appeals court in San Francisco blocked the order on July 28, 2026 [2].
The administration said these measures are necessary to combat fraud and the perceived "denaturalization" of citizenship [1]. The courts have viewed the order as unconstitutional because it violates the right to birthright citizenship guaranteed by the 14th Amendment [2].
The legal battle moved to the highest court in the land this year. The U.S. Supreme Court held oral arguments on the case on April 2, 2026 [3].
Beyond birthright citizenship, the administration is targeting a different group of citizens. The government aims to revoke the citizenship of hundreds of U.S. citizens born abroad who allegedly committed fraud or other infractions [4].
There are conflicting reports regarding the specific targets of these policies. Some reports said the order targets children of immigrants without legal status, and those on temporary visas [1]. Other reports indicate the focus is on those born abroad who committed fraud [4].
“The U.S. government is fighting in federal courts to end birthright citizenship.”
The outcome of these proceedings will determine if the executive branch can override the 14th Amendment's interpretation of 'jurisdiction' regarding birthright citizenship. While the administration focuses on fraud and legal loopholes, a Supreme Court ruling in favor of the government would represent a historic shift in U.S. nationality law, potentially removing the automatic grant of citizenship for children born on U.S. soil.
