In a 6-3 decision, the court dismissed President Donald Trump’s effort to restrict birthright citizenship, marking a significant legal setback for his immigration agenda. The ruling came on the final day of the Supreme Court’s current term.
Trump had signed an executive order on the first day of his second term seeking to deny automatic US citizenship to children born in the country to parents who are in the United States illegally or are staying on temporary visas.
However, lower federal courts blocked the order, finding that it conflicted with the Citizenship Clause of the 14th Amendment, which guarantees citizenship to nearly everyone born on American soil.
Writing for the majority, Chief Justice John Roberts reaffirmed the constitutional protection, stating that children born in the United States to parents who are unlawfully or temporarily present are still “subject to the jurisdiction” of the United States and therefore qualify as citizens at birth.
The case drew national attention after Trump made the unusual decision to personally attend oral arguments before the Supreme Court in April.
He remained in court for the presentation by Solicitor General John Sauer but did not stay for arguments presented by attorneys representing the American Civil Liberties Union (ACLU), which defended birthright citizenship.
The Trump administration argued that unrestricted birthright citizenship encourages illegal immigration and what it described as “birth tourism,” where foreign nationals travel to the United States to give birth so their children automatically become American citizens.
Government lawyers also maintained that the 14th Amendment, adopted after the Civil War, was originally intended to secure citizenship rights for formerly enslaved people rather than children born to undocumented immigrants or temporary visitors.
The Supreme Court rejected that interpretation, relying on long-standing constitutional precedent, including the landmark 1898 Wong Kim Ark case, which established that individuals born in the United States are entitled to citizenship regardless of their parents’ immigration status, except in limited situations such as children of foreign diplomats.
The decision represents another major legal defeat for President Trump during the current Supreme Court term.
The Trump administration argued that unrestricted birthright citizenship encourages illegal immigration and what it described as “birth tourism,” where foreign nationals travel to the United States to give birth so their children automatically become American citizens.
Government lawyers also maintained that the 14th Amendment, adopted after the Civil War, was originally intended to secure citizenship rights for formerly enslaved people rather than children born to undocumented immigrants or temporary visitors.
The Supreme Court rejected that interpretation, relying on long-standing constitutional precedent, including the landmark 1898 Wong Kim Ark case, which established that individuals born in the United States are entitled to citizenship regardless of their parents’ immigration status, except in limited situations such as children of foreign diplomats.
The decision represents another major legal defeat for President Trump during the current Supreme Court term.
Earlier this year, the justices struck down most of his global tariff policy and also blocked his attempt to remove Federal Reserve Governor Lisa Cook from office.
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