The US Supreme Court is poised to rule as illegal the Trump administration’s executive order outlawing birthright citizenship. In a hearing briefly attended by the US president on Wednesday (April 1), conservative and liberal justices deliberated whether Trump’s January 2025 executive order declaring that children born to parents illegally or temporarily in the US are not US citizens in accordance with federal law or the Constitution.Trump’s hour-long attendance marked the first time a sitting US president attended arguments at the highest court. The New York Times described his presence as putting him “face-to-face with justices whom he has tried to bully and intimidate”.Also in attendance were his deputies, Attorney General Pam Bondi, and Commerce Secretary Howard Lutnick. Actor Robert De Niro was present in seats reserved for guests of the justices, the Associated Press reported.A defeat here would mark a second consecutive setback for the US president in the Supreme Court, after it overturned Trump’s tariffs under the International Emergency Economic Powers Act in February. He had reacted angrily to the decision and criticised the justices. He said Justices Neil M Gorsuch and Amy Coney Barrett, whom he had nominated during his first term, were “an embarrassment to their families” for joining the majority in voting against his tariffs.Also Read | With Trump’s IEEPA tariffs ruled illegal, who can claim refunds, and how do they go about it?This pattern continued on Wednesday. “We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!” Trump claimed in a social media post after leaving the court.A definitive ruling is expected by early summer. Here is what to know.What is birthright citizenship?According to the 14th Amendment to the Constitution, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”Story continues below this adThis is bolstered by the Citizenship Clause, ratified in 1868 after the American Civil War, aimed to ensure that formerly enslaved people would be citizens. Until 1924, sovereign Native American tribes were exempt from the law.The provision has been widely interpreted to make citizens of anyone born on American soil, except for:The children of diplomats who have allegiance to another government.Enemies present in the US during hostile occupation.The concept itself is centuries old and is based on the English common law principle of ‘jus soli’, or ‘right of soil’, granting automatic citizenship to anyone born within a country’s boundaries, regardless of the nationality of their parents.Why does Trump want to end birthright citizenship?On the first day of his second term, Trump signed an executive order denying citizenship to children of parents who were not themselves US citizens or lawful permanent residents. According to the order, this targeted people who were illegally or temporarily present in the country because they are not “subject to the jurisdiction” of the United States.Story continues below this adAlso Read | Trump signs more than 80 orders on Day 1: What is an executive order?In his first post-election interview in December 2024, Trump said, “We have to end it. We’re the only country that has it.”Is his claim true?No. At least 37 other countries grant citizenship to anyone born on their soil, mostly in South America and the Caribbean. India does not practice unconditional birthright citizenship, nor do several European countries.Is birthright citizenship practised in India?The issue of birthright citizenship was one of the main challenges before the framers of the Indian Constitution, to decide whether citizenship should be based on birth or descent. Some members of the Constituent Assembly, such as P S Deshmukh (Indian National Congress Member from Maharashtra), argued against birthright citizenship, stating that it would make “Indian citizenship the cheapest on earth.”However, other members, such as BR Ambedkar and Sardar Vallabhai Patel, favoured birthright citizenship, and it was ultimately recognised in the Constitution. Article 5 of the Constitution states that every person who was born in the territory before the commencement of the Constitution shall be a citizen of India.Story continues below this adThe parliament subsequently enacted the Citizenship Act, 1955, which provided birthright citizenship under Section 3 to every person born in India on or after January 26, 1950. There was an exception only for children born to “an envoy of a foreign sovereign power” who is not a citizen, and children of an “enemy alien” when the birth takes place in an area under enemy occupation.However, in 1986, Parliament amended the Act to address the entry of migrants from “Bangladesh, Sri Lanka and some African Countries”. All children born after the Amendment came into force would only become citizens if either of their parents was an Indian citizen, marking the end of birthright citizenship in India.In 2003, the Act was amended again to effectively state that a child would not become a citizen at birth if one of her parents was an illegal immigrant when she was born.