Supreme Court Blocks Trump’s Order to Curb Birthright Citizenship, Kavanaugh Urges Congressional Action
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The Supreme Court rejected President Trump’s executive order aimed at ending the abuse of birthright citizenship, but Justice Kavanaugh outlined a path for Congress to address this loophole and protect American sovereignty.
In a controversial 6-3 decision, the Supreme Court struck down Executive Order 14160, which was President Trump’s bold effort to end the automatic granting of citizenship to children born to non-citizens and illegal immigrants. The order, intended to protect American sovereignty and prevent the exploitation of the 14th Amendment, was rejected by the Court’s liberal majority. Justice Brett Kavanaugh, concurring with the judgment, argued that the issue should have been resolved under federal law and not the Constitution, and he provided a clear roadmap for Congress to take up the fight by amending the Immigration and Nationality Act.
Kavanaugh wrote that Congress has the authority to amend section 1401(a) of the act or pass new legislation to create exceptions for children born to foreign nationals who are in the U.S. unlawfully or temporarily. He emphasized that the 14th Amendment’s citizenship clause was incorporated into federal law in 1940 and again in the 1952 Immigration and Nationality Act, affirming that Congress has a role in defining citizenship.
"Congress could — consistent with the Fourteenth Amendment— amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country," Kavanaugh wrote, encouraging lawmakers to take action where the Court would not.
Republican leaders immediately called for legislative and constitutional solutions to address what they see as the abuse of birthright citizenship. House Speaker Mike Johnson described the current system as “abused” and suggested a constitutional amendment may be necessary to close this loophole. Senators Rand Paul, Mike Lee, and others reiterated their support for such an amendment, while President Trump urged Congress to act decisively, even without a constitutional change.
The Justice Department announced it would shift its focus to cracking down on visa fraud and birth-tourism schemes, which have allowed foreign nationals to exploit America’s generosity. Legal scholars warned that any congressional amendment to the citizenship rule could face legal challenges, but the Court’s opinion leaves the door open for Congress to act. The fight to restore integrity to America’s citizenship laws continues as conservatives push back against open-borders policies.