Court Upholds Citizenship for Children Born on US Soil
The US Supreme Court has rejected President Donald Trump’s attempt to restrict birthright citizenship, delivering a major legal setback to one of his key immigration policies.
In a 6-3 ruling on Tuesday, the court upheld the constitutional right to citizenship for nearly all children born in the United States.
The decision came on the final day of the court’s current term. It confirmed that children born in the US to parents who are undocumented or temporarily present are still citizens at birth under the 14th Amendment.
Chief Justice John Roberts wrote the majority opinion. He was joined by two conservative justices and the court’s three liberal justices.
Roberts said children born in the United States to parents who are unlawfully or temporarily present remain subject to US jurisdiction. Therefore, they are citizens at birth under the Citizenship Clause of the 14th Amendment.
Trump Executive Order Rejected
Trump had signed an executive order on the first day of his second term. The order sought to deny automatic citizenship to children born to undocumented migrants or parents staying in the US on temporary visas.
Lower courts had already blocked the order. They ruled that the 14th Amendment protects birthright citizenship for nearly everyone born on American soil.
The Supreme Court has now agreed with that interpretation.
The ruling is a significant defeat for Trump’s broader immigration agenda. His administration had argued that unrestricted birthright citizenship encourages illegal immigration and birth tourism.
The government claimed the 14th Amendment was originally meant to address citizenship rights for formerly enslaved people after the Civil War. It argued that the amendment should not apply to children of undocumented migrants or temporary visitors.
However, the court rejected that narrow reading.
ACLU Welcomes Ruling as Trump Urges Congress to Act
The American Civil Liberties Union welcomed the decision. ACLU attorney Cecillia Wang said the ruling reaffirmed a basic American promise that anyone born in the United States is a citizen.
She said no president can change the Constitution through executive action.
The ruling also referred to the landmark 1898 Wong Kim Ark case. In that case, the Supreme Court ruled that a man born in San Francisco to Chinese parents was a US citizen by birth.
After the decision, Trump criticised the ruling on Truth Social. He called it bad for the country and urged Congress to act through legislation.
He said birthright citizenship could still be addressed by the Republican-controlled Congress.
The ruling marks another major legal defeat for Trump during the current Supreme Court term. Earlier, the court also ruled against parts of his global tariff policy and blocked his attempt to remove Federal Reserve governor Lisa Cook.
For now, the Supreme Court has made clear that birthright citizenship remains protected under the US Constitution.
