Supreme Court Upholds Birthright Citizenship 6-3, Rejects Trump Order

The Supreme Court ruled Tuesday that children born in the United States to parents who are unlawfully or temporarily present remain citizens under the Fourteenth Amendment. The 6-3 decision struck down an executive order issued by President Trump that sought to deny citizenship in those cases.

Chief Justice John Roberts wrote the majority opinion. He stated that the amendment’s text and history extend citizenship to nearly all persons born on U.S. soil. Justice Brett Kavanaugh joined the result on statutory grounds rather than the constitutional holding. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.

The order had argued that the phrase “subject to the jurisdiction thereof” excludes children whose parents lack permanent legal status. The majority rejected that reading. Roberts noted that the amendment was adopted to secure citizenship for freed slaves and their descendants and has been applied consistently since.

Trump responded on Truth Social that the outcome was “too bad” and urged Congress to pass legislation ending birthright citizenship without a constitutional amendment. White House Chief of Staff Stephen Miller called the ruling one of the Court’s most destructive decisions.

House Minority Leader Hakeem Jeffries said the Court had correctly applied the Constitution. Civil-rights groups described the holding as a reaffirmation of long-settled law.

The case reached the Court after lower courts blocked the order. Oral arguments occurred in April. The decision leaves open the possibility of future legislative efforts, though five justices treated the constitutional question as settled.