Supreme Court Rejects Trump’s Attempt To End Birthright Citizenship

In a 6-3 decision, the Supreme Court struck down Donald Trump’s executive order that would have undercut the concept of birthright citizenship – that any person born on American soil is automatically a citizen.

At issue was Trump’s January 20, 2025, executive order declaring the 14th Amendment did not protect children of non-citizens born in the United States.

From the New York Times:

Chief Justice John G. Roberts Jr., writing for the majority, explained that Mr. Trump’s executive order violated the 14th Amendment of the Constitution. Children born in the United States to undocumented parents or to parents temporarily in the country, he wrote, are citizens at birth.

“Citizenship, then and now, was the right to have rights — to freely participate in our political community,” Chief Justice Roberts wrote. “The framers of the 14th Amendment extended that promise to ‘every free-born person in this land.’”

He added: “We keep that promise today.”

The legal battle over birthright citizenship began on the first day of Mr. Trump’s second term, when he announced an executive order titled “Protecting the Meaning and Value of American Citizenship.”

In the order, he declared that citizenship would no longer be automatically granted to babies born on U.S. soil. In particular, children born to immigrants who entered the country illegally would no longer be citizens, nor would those born to parents here on a lawful but temporary basis, such as those on student, work or tourist visas.

Three of the court’s conservatives — Justices Clarence Thomas, Neil M. Gorsuch and Samuel A. Alito Jr. — dissented.

Trump was so invested in the issue that he became the first sitting U.S. president to attend oral arguments in the Supreme Court as the justices heard the case.


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