WASHINGTON — The U.S. Supreme Court rejected President Donald Trump's bid to limit birthright citizenship, ruling that his executive order seeking to deny automatic citizenship to many children born on American soil violated the Constitution and delivering a major setback to one of the administration's signature immigration initiatives.
The court ruled 6-3 that the 14th Amendment's Citizenship Clause guarantees citizenship to virtually everyone born in the United States, regardless of whether their parents are in the country unlawfully or on temporary visas. Chief Justice John Roberts wrote the majority opinion, joined by the court's three liberal justices and Justice Amy Coney Barrett. Justice Brett Kavanaugh agreed that the executive order was unlawful but said it conflicted with federal law rather than the Constitution. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
Roberts wrote that the Constitution's guarantee of citizenship extends to children born to parents who are unlawfully or temporarily present in the United States, rejecting the administration's argument that such children are not "subject to the jurisdiction" of the United States within the meaning of the 14th Amendment.
Trump's executive order, signed on his first day back in office in January 2025, directed federal agencies not to recognize the citizenship of children born in the United States unless at least one parent was a U.S. citizen or lawful permanent resident. Lower courts blocked the order before it could take effect, finding it likely violated longstanding constitutional precedent.
The ruling represents one of the most significant defeats for Trump before a Supreme Court that has often backed his assertions of executive authority during his second term. The court has nonetheless ruled in his favor in several other major cases involving presidential powers and immigration enforcement.
Following the decision, Trump criticized the ruling and urged Congress to pursue legislation addressing birthright citizenship, while immigration restriction advocates called for renewed legislative efforts. Civil rights organizations welcomed the decision, saying it reaffirmed a constitutional protection that has been recognized for more than a century.
The decision leaves intact the longstanding interpretation of the 14th Amendment established by the Supreme Court's 1898 precedent recognizing birthright citizenship for nearly all people born in the United States. Although the administration cannot enforce the executive order, federal officials have indicated they will continue pursuing immigration enforcement measures, including investigations into alleged birth tourism under existing laws.
