Supreme Court Rejects Trump Administration's Attempt to End Birthright Citizenship
The Court ruled 6-3 that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, rejecting the Trump administration's executive order, while dissenting justices suggested legislative routes.
The U.S. Supreme Court on Tuesday issued a 6-3 decision upholding birthright citizenship, rejecting an executive order issued by President Donald Trump that sought to limit citizenship to children of lawful residents. The majority opinion, authored by Chief Justice John Roberts, reaffirmed the 14th Amendment’s Citizenship Clause, stating that "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."
Four justices dissented. Justice Samuel Alito warned that the ruling would maintain incentives for "birth tourists," while Justice Clarence Thomas argued that the decision undermines the historical purpose of the 14th Amendment. Justice Brett Kavanaugh, joining the dissenters, indicated that Congress could address the issue through new legislation, noting that any change would have to comply with the Constitution.
"Congress could – consistent with the Fourteenth Amendment – amend the relevant federal laws or enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country," Kavanaugh said.
President Trump responded on his social platform, asserting that Congress could enact legislation to achieve the administration’s goals without a constitutional amendment. Legal analysts noted that the Court’s ruling makes it unlikely that any statute could override the constitutional guarantee without a constitutional amendment.
The decision also followed a separate Supreme Court ruling that limited lower courts' ability to issue nationwide injunctions against presidential actions, a development that had previously benefited the Trump administration.
Advocates for immigrant rights, including the ACLU, argued that the Citizenship Clause provides a clear, historically grounded rule that protects the rights of American children, while Republican lawmakers who supported the order said the case highlighted the costs of birthright citizenship.
The Court’s opinion, spanning 26 pages, concluded that Congress never intended to condition citizenship on a person’s domicile, and the justices affirmed that the existing constitutional framework remains unchanged.
