Major Setback For Trump: US Supreme Court Upholds Birthright Citizenship, Rejects Executive Order In 5-4 Ruling
The US Supreme Court has upheld the principle of birthright citizenship, ruling against President Donald Trump's attempt to change who qualifies as an American citizen at birth.
On Tuesday, the court struck down an executive order signed by Trump that sought to deny citizenship to children born in the United States to parents who are in the country illegally or are staying in the country on a temporary basis.
On the final day of its term, the Supreme Court ruled 6-3 in favour of preserving birthright citizenship for nearly everyone born on US soil. The executive order had earlier been blocked by lower courts, and the Supreme Court upheld those decisions in a majority opinion written by Chief Justice John Roberts.
"Children born in theUnited States to parents unlawfully or temporarily present are 'subject to the jurisdiction' of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause," Roberts wrote.
He further added, "Citizenship, then and now, was the right to have rights, to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land.' We keep that promise today."
Minutes before the ruling was announced, Trump shared an article on his social media platform, Truth Social, headlined, "Trump's efforts to reverse birthright citizenship may succeed with or without SCOTUS." According to a report by the right-leaning US outlet Just The News, several Congressional Republicans have legislation pending that could achieve a similar outcome through Congress.
Republican Representative Brian Babin of Texas told the platform, "American citizenship is a priceless privilege that must be protected, not exploited. We must restore integrity to our immigration system, uphold the rule of law, and protect the value of American citizenship for generations to come."
The ruling preserves the long-standing interpretation of the Fourteenth Amendment, which has historically guaranteed citizenship to almost everyone born on American soil.
The amendment was originally introduced to ensure that Black people, including formerly enslaved individuals, were recognised as US citizens. However, the Citizenship Clause itself is written more broadly. It states: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Trump personally attended the Supreme Court's oral arguments on birthright citizenship in April. His administration argued that the widely accepted interpretation of the Citizenship Clause was incorrect, claiming that children born to noncitizens are not "subject to the jurisdiction" of the United States and are therefore not entitled to automatic citizenship.
The birthright citizenship executive order, signed by Trump on the first day of his second term, was a key part of his administration's broader immigration crackdown. It also became the first of Trump's immigration-related policies to reach the Supreme Court for a final ruling.