Trump calls it "a disgrace" if Supreme Court preserves birthright citizenship ahead of major rulings
President Donald Trump pressed the Supreme Court on birthright citizenship Thursday, telling White House reporters it would be "a disgrace" if the justices allow the longstanding practice to stand, a blunt message delivered as the Court nears decisions on a stack of cases that could reshape presidential authority over immigration, trade, and federal agencies.
The remarks came as the administration awaits a ruling on Trump's January 2025 executive order seeking to limit automatic citizenship for certain children born on U.S. soil. Lower courts have blocked the order from taking effect, and the Supreme Court heard oral arguments in April on whether it complies with the citizenship clause of the 14th Amendment.
Trump framed the stakes in economic and demographic terms. Newsweek reported the president told reporters:
"Remember what I said, 20 to 25 percent of the people coming into our country will come in through birthright citizenship."
He added that those individuals "will become citizens through birthright citizenship, and it will cost us numbers that are, I don't even think they're doable."
The executive order and its legal roadblock
Trump signed the executive order in January 2025, targeting automatic citizenship for certain children born in the United States. The order was met with multiple lawsuits almost immediately, and courts have prevented it from taking effect.
Research by the Migration Policy Institute and Penn State University's Population Research Institute found that more than a quarter of a million babies born in the U.S. each year would be affected by the order. That figure alone signals the scale of the policy fight, and the institutional resistance the administration has encountered at every step.
The Supreme Court took up the case and heard oral arguments in April, examining whether the order squares with the 14th Amendment's citizenship clause. No ruling date has been announced, but the Court's term typically wraps up by late June, meaning a decision could come within weeks.
A May 6 poll from the Associated Press-NORC Center for Public Affairs Research, surveying 2,596 adults from April 16 to 20, found that roughly two-thirds of U.S. adults support automatic citizenship for all children born in the country. Seventy-five percent said children born to parents legally in the country on work visas should receive automatic citizenship. The poll carried a margin of error of plus or minus 2.6 percentage points.
Polling, of course, does not settle constitutional questions. The fact that a majority of respondents favor the status quo tells us something about public sentiment, but it tells us nothing about whether the 14th Amendment was ever intended to guarantee citizenship to children of parents who entered the country illegally. That is the question the justices must answer.
A packed docket with sweeping implications
Birthright citizenship is only one front. The Supreme Court is expected to rule on several disputes involving Trump's authority over elections, immigration, federal agencies, and trade policy. The breadth of the docket amounts to a stress test of executive power, and of the Court's willingness to let a president govern.
The justices are also considering whether states can count mail-in ballots that arrive after Election Day. Around 14 states, Washington, D.C., and several U.S. territories currently count mailed ballots received after Election Day if postmarked on or before that date, according to the National Conference of State Legislatures. The justices heard arguments earlier this year and are expected to issue a decision before the end of the term, likely in late June or early July. The ongoing legal battles over election procedures have become a recurring theme in the Court's recent terms.
On April 29, the Court heard arguments over the Trump administration's effort to revoke Temporary Protected Status for hundreds of thousands of migrants. That program, enacted by Congress in 1990, currently covers about 350,000 people from Haiti and more than 6,000 from Syria. TPS applicants must undergo background checks and vetting by the Department of Homeland Security.
The TPS case tests whether a president can reverse protections that have, in practice, allowed large populations to remain in the United States for years, sometimes decades, without a clear path to permanent status or return. The administration argues it has the authority to wind down those designations. Opponents say the revocations would upend the lives of people who have built deep roots here.
The Lisa Cook standoff
Trump also addressed another collision with the Court: his attempt to fire Federal Reserve Governor Lisa Cook ahead of the September 2025 meeting of the Fed's interest rate-setting committee. The president cited concerns about potential mortgage fraud involving Cook. She has denied the allegations and has not been charged with any crime.
The Supreme Court said Cook could remain in her position while the case proceeds. No date has been set for a decision in Trump vs. Cook. During arguments in January, several justices questioned whether the president has the authority to remove a sitting Fed governor.
Justice Brett Kavanaugh warned that allowing Cook's dismissal could "weaken, if not shatter" the Federal Reserve's insulation from political pressure. That framing puts the question in institutional terms, but it also raises the mirror-image concern: whether unelected officials at independent agencies should be effectively immune from accountability to the elected president. The case known as Trump vs. Slaughter, also before the Court, could give the president power to dismiss heads of independent agencies at will if approved. Justice Gorsuch recently defended the Court's deliberative process, a reminder that the institution itself is under scrutiny from all directions.
Tariffs: a forced detour
Trump's Thursday remarks also touched on the Supreme Court's earlier tariff ruling. Earlier this year, the Court struck down most of Trump's sweeping tariffs, ruling that a key emergency law did not give the president authority to impose them. The administration has since moved to reimpose tariffs through alternative legal avenues, triggering new litigation.
Trump was characteristically direct about the setback:
"We had a terrible tariff decision; they cost our country a fortune. They said 'do it a different way,' we're doing it a different way, but we're going to most likely have to pay back $149 billion."
He insisted the ruling would not derail his broader trade agenda. "It's not going to affect because we do the tariffs a different way," he said. "The tariffs are what's bringing in all this money. It's really made our country rich." The ongoing legal fight over presidential trade authority shows no sign of settling soon, with new challenges stacking up as fast as the administration can find alternative legal footing.
The real question before the Court
What connects these cases, birthright citizenship, TPS revocations, the Fed governor standoff, tariffs, election procedures, is a single underlying dispute: how much authority does a president actually have to execute the agenda voters elected him to carry out?
Critics frame every assertion of executive power as overreach. But the pattern from the other direction is just as clear: courts and independent agencies have repeatedly blocked or delayed policies that fall squarely within the administration's stated mandate. The birthright citizenship order, whatever one thinks of its merits, was issued in the first days of the term and has been frozen ever since. The tariff agenda was struck down and forced into a legal workaround. A Fed governor the president sought to remove remains in place indefinitely.
The left has spent years pushing to reshape the Supreme Court when it issues rulings they dislike. Now, with the Court poised to rule on the boundaries of presidential power, the same voices demand deference to judicial authority. The inconsistency is not subtle.
Rulings in cases argued in January are typically issued by late June. The birthright citizenship decision, the TPS case, the Cook standoff, and the mail-ballot dispute could all land within weeks of each other. The tensions among the justices themselves have been visible in recent orders, and the coming weeks will test whether the Court is willing to let the elected branches govern or prefers to manage the country from the bench.
Trump called the prospect of preserving birthright citizenship "a disgrace." Agree or disagree, the larger disgrace would be a Court that treats every exercise of presidential authority as presumptively illegitimate, while expecting the public to treat every judicial veto as beyond question.
