Supreme Court Upholds Birthright Citizenship, Rejecting Trump’s Restrictions

The U.S. Supreme Court has struck down President Donald Trump’s executive order seeking to end birthright citizenship, ruling that the Constitution guarantees automatic citizenship to virtually all children born on American soil, regardless of their parents’ immigration status. In a 6-3 decision in Trump v. Barbara, Chief Justice John Roberts wrote for the majority that children born to parents unlawfully or temporarily present in the United States satisfy both elements of the Citizenship Clause and are citizens at birth under the Constitution. The ruling upholds the position taken by every lower court that reviewed the order since Trump signed it on his first day back in office in January 2025 — an order that never actually took effect because of those earlier legal challenges.

Roberts grounded the decision in the history of the 14th Amendment, rejecting the government’s argument that citizenship should instead hinge on a child’s “domicile” or primary allegiance, saying there’s little historical evidence that the originators of the law intended any such limitation. Three of the court’s conservative justices dissented, with Justice Samuel Alito calling the ruling a serious mistake despite acknowledging its historic significance. 

President Trump, who attended oral arguments in person, has praised parts of Tuesday’s broader Supreme Court rulings as a win, but is now pushing Congress to pursue legislative changes to birthright citizenship instead. House Speaker Mike Johnson said lawmakers will take up the issue, though legal observers note any statutory change would still have to contend with Tuesday’s constitutional ruling and would likely face fierce opposition. The birthright citizenship case was one of a dozen major decisions handed down as the court wrapped up its term Tuesday, alongside rulings allowing states to ban transgender athletes from girls’ sports teams and lifting a Watergate-era cap on coordinated political party spending.

Also Read: Swiss Authorities Return 18 Benin Bronzes to Nigeria in Ceremony at National Museum in Lagos