The Supreme Court on Tuesday affirmed a comprehensive interpretation of birthright citizenship, dismissing President executive order that stated children born to individuals residing in the United States illegally or temporarily would not be considered American citizens.
The Justices based their decision on a well-established interpretation of the 14th Amendment, which was enacted following the Civil War, as well as more contemporary federal statutes, concluding that anyone born within the country, with very few exceptions, is a citizen.
The restrictions imposed by the POTUS had been halted by multiple lower courts and had not been implemented anywhere across the United States.
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- “Children born in the United 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 Clause,” the ruling written by Chief Justice John Roberts stated.
- Chief Justice Roberts was accompanied by his conservative colleague Justice Amy Coney Barrett, as well as the court’s three liberal justices—Elena Kagan, Sonia Sotomayor, and Jackson—in the majority decision based on the 14th Amendment.
- Justice Brett Kavanaugh, another conservative, expressed his view that while he did not think Trump’s executive order infringed upon the 14th Amendment, it nonetheless “does contravene a federal statute” enacted in 1940 concerning the citizenship of individuals born in the United States. The remaining three conservative justices on the court—Clarence Thomas, Samuel Alito, and Neil Gorsuch—each issued dissenting opinions.
- Justice Alito remarked, “The Court has made a serious mistake.” During oral arguments in April, the justices indicated their inclination to uphold the principle that individuals born in the United States to non-U.S. citizens are automatically conferred citizenship.
- was present during the oral arguments, marking the first time a sitting president has done so. The case is referred to as Trump v. Barbara. The citizenship clause of the 14th Amendment to the U.S. Constitution, ratified in 1868, states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s executive order
On January 20, 2025, Trump, upon his return to the White House, enacted an executive order aimed at reversing that right.
The order stipulated that, 30 days following its effective date, infants born in the United States would not be eligible for citizenship documents if their parents had entered the country illegally or were undocumented workers.
Later, several U.S. district court judges determined that Trump’s order was unconstitutional.
Moreover, two federal appellate circuit courts confirmed injunctions that prevented the order from being implemented.
