Supreme Court upholds birthright citizenship, handing Trump a severe blow



Demonstrators rally in support of birthright citizenship outside the U.S. Supreme Court
AFP via Getty Images


The Supreme Court has affirmed that children born in the United States automatically acquire citizenship, rejecting former President Donald Trump’s plan to curtail the policy. The court’s 6‑to‑3 decision confirmed that the 14th Amendment guarantees citizenship to all persons born on American soil, even those whose parents are in the country unlawfully or on temporary visas.


Chief Justice John Roberts wrote for the majority, stating that birthright citizenship is a constitutional promise that continues to “keep that promise today.” Justice Roberts noted that the 14th Amendment’s language—“all persons born or naturalised, and subject to the jurisdiction thereof”— is inclusive of every free‑born person in the United States.


The ruling directly overturned an executive order issued by Trump aimed at limiting birthright citizenship for children of undocumented immigrants and temporary visitors. Trump’s attempt was deemed unconstitutional, marking a significant setback for his broader immigration agenda.


While five justices, including Chief Justice Roberts, affirmed the command of the Constitution, three dissented—Justices Clarence Thomas, Neil Gorsuch and Samuel Alito—contending that the amendment was being repurposed and that birthright citizenship should not extend to those whose parents are in the U.S. on an itinerary that leads to departure.


The decision has been lauded by civil‑rights advocates who see it as a reinforcement of long‑standing citizenship rights. Politically, President Trump announced on Twitter that the Court’s decision was “too bad” and vowed to pursue legislative means to eliminate birthright citizenship.


The case underscores the enduring relevance of Section Sixteen of the 14th Amendment, originally designed for newly freed slaves but now interpreted as guaranteeing citizenship to anyone born on U.S. soil irrespective of parents’ legal status. The Supreme Court’s ruling reinforces the principle that citizenship is a birthright left intact by the Constitution.