World Central Kitchen founder, Chef Jose Andres outside the US Supreme Court on Wednesday. Getty Images via AFP
World Central Kitchen founder, Chef Jose Andres outside the US Supreme Court on Wednesday. Getty Images via AFP
World Central Kitchen founder, Chef Jose Andres outside the US Supreme Court on Wednesday. Getty Images via AFP
World Central Kitchen founder, Chef Jose Andres outside the US Supreme Court on Wednesday. Getty Images via AFP

Trump attends Supreme Court session as it debates birthright citizenship


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US President Donald Trump attended the Supreme Court on Wednesday to observe as justices considered the constitutionality of his bid to limit who is eligible for automatic citizenship when born in the country.

He became the first sitting US president in recorded history to attend a Supreme Court argument.

Under the constitution's 14th amendment, “all persons” born in the US and “subject to the jurisdiction thereof” are automatically granted citizenship.

Since the amendment was ratified in 1868 after the civil war, it has been an established cornerstone of US law. But on his first day back in office in January last year, Mr Trump signed an executive order that sought to end birthright citizenship in the US.

A federal judge quickly determined his order was “blatantly unconstitutional”, but the Trump administration has appealed the case up to the Supreme Court.

The administration asserts that the birthright citizenship provision in the US Constitution was designed to cover the children of freed slaves and should not be applied as broadly as it has been.

Mr Trump has argued that the provision encourages people to enter the US illegally with the explicit intention of having a baby who automatically becomes a citizen.

His attendance at the session created an unusual spectacle in the courtroom. Presidents occasionally attend ceremonial Supreme Court sessions – such as the investiture of a new justice – but no president has sat through an argument, at least in the modern era.

The President’s seat was just a few metres away from the justices, including those he personally insulted after the court struck down his global tariffs in February.

Mr Trump’s executive order would block citizenship for an estimated 250,000 children of undocumented migrants and temporary visitors each year. Democrats say his plan would also strip millions of Americans of their citizenship, along with their ability to vote and obtain passports.

Updated: April 01, 2026, 7:07 PM