Supreme Court Upholds Birthright Citizenship, Rejects Trump Administration Order
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In a 6-3 ruling, the Supreme Court affirmed that the Constitution guarantees citizenship to anyone born on U.S. soil, nullifying the Trump administration's executive order aimed at ending birthright citizenship.
The Supreme Court ruled 6-3 that birthright citizenship is protected by the Constitution, overturning a 2022 executive order that sought to deny citizenship to children of undocumented immigrants and certain temporary visa holders. The majority opinion, joined by Chief Justice Roberts and Justice Amy Coney Barrett, cited the 14th Amendment’s guarantee of citizenship to "every free-born person in this land."
Three conservative justices dissented, while Justice Brett Kavanaugh sided with the majority on statutory grounds rather than constitutional ones. The decision leaves the executive order void, allowing states to continue issuing birth certificates that confer citizenship without additional hurdles.
President Trump described the ruling as "too bad for our Country" on social media and urged Congress to legislate a change, claiming a constitutional amendment was unnecessary. House Speaker Mike Johnson expressed disappointment, saying the ruling would create "serious challenges" for Congress.
Immigration scholars noted that the ruling is one setback among numerous immigration restrictions enacted during the administration, but they emphasized that the broader immigration agenda continues to shape policy. Advocacy groups, including UnidosUS, welcomed the decision, calling it a relief that prevents the creation of a stateless underclass.
The case originated from a class-action lawsuit, Barbara v. Trump, filed to protect the rights of all children born in the United States. The Court’s opinion, nearly 200 pages long, reinforces a legal precedent that has been in place for more than 150 years.
