Trump v Supreme Court: The battle over birthright citizenship

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Apr 1, 2026

A deep dive into the Supreme Court showdown over ending birthright citizenship. They unpack the constitutional fight over the 14th Amendment and the phrase "subject to the jurisdiction." The program explores real-world effects on immigrant families, wealthy birth tourism, and how the case reshapes immigration politics and party divides.

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INSIGHT

Supreme Court Case Targets 14th Amendment Phrase

The Supreme Court is hearing challenges to Trump's executive order aiming to end birthright citizenship under the 14th Amendment.
Justin Webb and Sumi Somaskanda explain the case stems from Trump's claim the amendment's phrase "subject to the jurisdiction thereof" excludes children of some non-citizens.

ANECDOTE

Trump Framed Birthright Change As Correcting Historical Intent

Justin plays Trump's recorded explanation linking the 14th Amendment to slaves and arguing current practice isn't what it aimed to protect.
The clip shows Trump framing the change as correcting historical intent.

INSIGHT

Millions Of Children Are Affected By Citizenship Rules

Birthright citizenship affects millions: Pew estimated 4.4 million US children under 18 live with at least one parent unlawfully present.
Sumi highlights how citizenship for those children shapes deportation outcomes and family decisions.

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It was an historic day in the Supreme Court on Wednesday as it began hearing arguments on Donald Trump’s effort to ban birthright citizenship. The president began his second term in office by signing an executive order to end automatic citizenship for babies born in the U.S to parents who are in the country illegally or temporarily, an order which has now made its way to the highest court in the land.

In a sign of the case’s importance to Donald Trump, he became the first ever sitting president to personally attend oral arguments in the chamber on Wednesday.

In today’s episode, Justin and Sumi assess how the Supreme Court will consider the arguments over citizenship, how much of an obstacle the court is proving for Trump’s agenda, and why the Republican Party has become increasingly divided more broadly on the subject of immigration.

HOSTS: • Justin Webb, Radio 4 presenter • Sumi Somaskanda, BBC chief presenter

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This episode was made by George Dabby with Alix Pickles. The senior journalist is George Dabby, and the technical producer was Mike Regaard. The series producer is Purvee Pattni . The senior news editor is Sam Bonham.

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