President Trump loses Supreme Court fight to end birthright citizenship in the US
The US Supreme Court voted 6–3 to strike down President Donald Trump's executive order that sought to end automatic birthright citizenship for many children born in the United States.
The court reaffirmed that the 14th Amendment guarantees citizenship to nearly everyone born on US soil, maintaining a constitutional interpretation that has stood for more than a century.
The ruling marks Trump's third major Supreme Court defeat in recent months, with civil rights groups hailing the decision as a victory for constitutional protections.
In a 6–3 decision delivered on Tuesday, the country's highest court rejected the executive order signed by Trump on 20 January 2025, the first day of his second term in office. The ruling represents another major legal setback for the president after a series of defeats before the Supreme Court in recent months.
FAccording to NBC news, five of the six justices in the majority concluded that Trump's attempt to limit citizenship by birth was incompatible with the US Constitution, while Justice Brett Kavanaugh agreed that the order was unlawful but based his opinion on federal law rather than constitutional grounds.
Delivering the majority opinion, Chief Justice John Roberts said there was little justification for overturning more than a century of legal interpretation surrounding the 14th Amendment.
Roberts wrote;
Citizenship then and now, was the right to have rights — to freely participate in our political community
He explained that the amendment, adopted after the American Civil War, was designed to guarantee citizenship rights for all people born in the United States, including formerly enslaved people.
He added;
We keep that promise today
The ruling marks Trump's third significant loss before the Supreme Court in recent months, following decisions that struck down his broad tariff policy and prevented the immediate dismissal of Federal Reserve Governor Lisa Cook.
Three conservative justices, Clarence Thomas, Samuel Alito and Neil Gorsuch, dissented, arguing that the Constitution would permit the executive order.
The disputed order sought to deny automatic US citizenship to children born on American soil unless at least one parent was either a US citizen or a lawful permanent resident. Under the proposal, children born to temporary visitors or undocumented immigrants would no longer qualify for citizenship at birth.
In his dissenting opinion, Justice Thomas argued that the original purpose of the 14th Amendment was to secure citizenship for formerly enslaved Black Americans rather than the children of foreign nationals.
He wrote;
Blacks were entitled to citizenship because they were Americans. They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority. The same could not be said for the children of foreign temporary visitors
Justice Samuel Alito also criticised the majority ruling, arguing that it would continue to encourage illegal immigration.
“The ruling preserves a powerful incentive to enter or remain in this country illegally,” he stated, adding that the United States was retaining what he described as a “medieval rule” of citizenship that the United Kingdom had long abandoned.
Trump's executive order never came into force after it was swiftly suspended by lower federal courts shortly after it was signed. It was subsequently challenged by several states, civil rights organisations and families who argued that it violated constitutional protections.
Reacting to the judgment, Cecillia Wang, National Legal Director of the American Civil Liberties Union (ACLU), welcomed the decision, describing it as a victory for constitutional rights.
She said;
The court's decision reaffirms a fundamental American promise, if you are born here, you are a citizen. A president cannot change the Constitution by executive fiat
The Supreme Court also reaffirmed its longstanding interpretation of the landmark 1898 case United States v. Wong Kim Ark, which established that nearly everyone born in the United States is entitled to citizenship, regardless of their parents' nationality, with only limited exceptions such as children of foreign diplomats.
Addressing the arguments put forward by the Trump administration, Chief Justice Roberts said they closely mirrored those rejected by the court more than a century ago.
“But this view commanded only a dissent in 1898, and neither time nor circumstance has changed the fact it is not the law,” he wrote.
The judgment reinforces more than a century of constitutional precedent, ensuring that birthright citizenship remains protected under the 14th Amendment.
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