Supreme Court rejects Trump order to end birthright citizenship
In a 6-3 decision, the U.S. Supreme Court held that President Trump's executive order to end birthright citizenship violates the Constitution, preserving citizenship for all children born on U.S. soil.
The U.S. Supreme Court on Tuesday issued a 6-3 ruling that blocks President Donald Trump's executive order aimed at ending birthright citizenship for children born in the United States to non-citizen parents. The majority opinion, written by Chief Justice John Roberts, affirmed that the practice is rooted in English common law, the Fourteenth Amendment and the 1898 United States v. Wong Kim Ark decision. Roberts said the administration failed to provide sufficient evidence to support a reinterpretation of longstanding law, noting that the Framers intended the amendment to apply to "every free-born person in this land."
Joining Roberts were Justices Amy Coney Barrett, Brett Kavanaugh and the court’s liberal members Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan. In a concurring opinion, Justice Jackson emphasized that the Fourteenth Amendment reflects universal principles that have long been part of American legal culture. Justice Kavanaugh, while agreeing with the majority that the order conflicts with the Immigration and Nationality Act, expressed that he did not view the order as unconstitutional and suggested Congress could legislate exceptions.
Three justices dissented. Justice Clarence Thomas argued that the majority’s historical analysis was inaccurate and that the amendment could be interpreted to allow the president’s restrictions. Justices Samuel Alito and Neil Gorsuch also filed dissenting opinions.
President Trump called the decision "too bad for our country" and urged Congress to act quickly to end birthright citizenship, promising his full support for legislative efforts. The ACLU, which represented plaintiffs challenging the order, said the ruling reaffirms the constitutional guarantee that anyone born in the United States is a citizen. A recent study warned that the proposed policy could create a multigenerational underclass, estimating that up to 255,000 infants each year might be born without citizenship under the order.