Supreme Court blocks Trump executive order limiting birthright citizenship

The Supreme Court on Tuesday rejected President Donald Trump’s executive order that sought to limit birthright citizenship to children of U.S. citizens or permanent residents. The 6-3 ruling declared the order unlawful under the Constitution’s 14th Amendment, which has been interpreted to grant citizenship to nearly everyone born on U.S. soil.

Chief Justice John Roberts, writing for the majority, said the administration offered "scant evidence" to support its reinterpretation of long-standing law and emphasized that citizenship has always meant the right to participate in the political community. He noted that the 14th Amendment was adopted after the Civil War to ensure rights for former slaves and that the promise endures today.

Three conservative justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – would have upheld the order, arguing that the amendment allows for a narrower definition of citizenship. In dissent, Thomas linked the amendment’s original purpose to former enslaved Black people, while Alito warned that the ruling could encourage illegal entry and described the proposed rule as "medieval."

The order, never implemented after lower courts blocked it, would have excluded babies born to temporary visitors or undocumented immigrants from citizenship at birth. The American Civil Liberties Union, representing plaintiffs challenging the order, said the decision reaffirms the principle that birth on U.S. soil confers citizenship and that a president cannot alter the Constitution by executive action.

The Court’s decision aligns with prior precedent, including the 1898 United States v. Wong Kim Ark case, which affirmed citizenship for a child born in San Francisco to foreign parents. All lower courts that reviewed the order had ruled against the administration.