Donald Trump
Foreign
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Donald Trump Loses Key Supreme Court Battle Over Birthright Citizenship

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The United States Supreme Court has ruled against President Donald Trump's attempt to limit birthright citizenship, affirming that children born in the United States remain American citizens regardless of their parents' immigration status, except in very limited circumstances. In a closely divided decision, the court upheld the long-standing interpretation of the 14th Amendment, which guarantees citizenship to nearly everyone born on US soil. Chief Justice John Roberts, writing for the majority, said the amendment was designed to ensure that every person born in the country enjoys the rights and protections of citizenship. "CItizenship, then and now, was the right to have rights," Roberts wrote, adding that the Constitution's promise extends to "every free-born person in this land." Trump's executive order, signed on the first day of his second term, sought to deny automatic citizenship to children born in the United States to parents who were either in the country illegally or temporarily, including visitors, students and some visa holders. The policy was a key part of his administration's broader immigration agenda but had been blocked nationwide by several lower courts before reaching the Supreme Court. Three conservative justices—Clarence Thomas, Samuel Alito and Neil Gorsuch—dissented, arguing that the order should have been allowed to take effect. Justice Thomas maintained that the 14th Amendment was originally intended to secure equal rights for formerly enslaved people rather than expand citizenship as broadly as current interpretations allow. Justice Brett Kavanaugh agreed that existing federal law grants citizenship to children born in the US but said the Constitution itself does not necessarily require it. His opinion suggests Congress could potentially amend the law in the future, although the current legal protections remain intact.


The ruling reinforces the court's landmark 1898 Wong Kim Ark decision, which established that children born in the United States to foreign parents are citizens under the Constitution. According to estimates from the Migration Policy Institute and Pennsylvania State University's Population Research Institute, more than 250,000 babies born annually could have been affected had Trump's order been upheld. The decision represents one of the most significant legal setbacks for Trump's immigration agenda and preserves a constitutional principle that has shaped American citizenship for more than a century. It also means that children born in the United States to undocumented immigrants and many temporary residents will continue to receive automatic US citizenship under existing law.

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Published on July 1, 2026
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