The U.S. Supreme Court ruled Tuesday that children born in the United States are entitled to citizenship, regardless of their parents’ immigration status. The decision struck down President Donald Trump’s executive order seeking to limit birthright citizenship.
The justices ruled 6-3 against the Trump administration in Trump v. Barbara. Five justices concluded that the order violated the Citizenship Clause of the 14th Amendment. Justice Brett Kavanaugh agreed that the order could not take effect but relied on federal law rather than the Constitution.
Trump’s order would have denied automatic citizenship to children whose mothers were in the country illegally and whose fathers were neither U.S. citizens nor lawful permanent residents.
It also applied when the mother was legally present on a temporary visa, including a student, work, or tourist visa, and the father lacked citizenship or permanent residency.
Trump signed the order on Jan. 20, 2025, shortly after beginning his second term. Lower courts blocked it before the case reached the Supreme Court.
Chief Justice John Roberts wrote that the language of the 14th Amendment did not limit citizenship to children whose parents were permanently settled in the United States.
“If Congress intended to limit American citizenship to the children of those domiciled in the United States, nothing in the succinct language of the Citizenship Clause conveyed that design,” Roberts wrote.
Roberts said the amendment’s authors extended citizenship to “every free-born person in this land.”
Kavanaugh agreed that Trump’s order could not stand but argued that Congress may have the authority to change federal citizenship law.
“Congress could … enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country,” Kavanaugh wrote. “But Congress has not yet done so.”
Justice Samuel Alito warned in dissent that the decision could create national security risks by granting citizenship to children whose parents have little connection to the United States.
He described a hypothetical case involving a child born to a foreign visitor who quickly returned to an adversarial country. Under the court’s decision, Alito wrote, that person would remain a U.S. citizen and retain the right to enter the country and travel on an American passport.
Justice Clarence Thomas also dissented, arguing that the court had expanded the 14th Amendment beyond its original meaning.
The ruling divided congressional Republicans. Rep. Mike Lawler (R-NY) called the decision “well-reasoned” and said changing the policy would require broad support from Congress and the American people.
Others demanded immediate legislative action.
“Congress should act immediately,” Rep. Chip Roy (R-TX) wrote on X.
Sen. Mike Lee (R-UT) called for a constitutional amendment, while Sen. Rick Scott (R-FL) urged Congress to close what he described as immigration loopholes. House Speaker Mike Johnson (R-LA) said he was “very disappointed” by the outcome.
Trump said Congress should move quickly to pass legislation limiting birthright citizenship.
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation,” Trump wrote on Truth Social.
He rejected calls for a constitutional amendment and said lawmakers would have his “Complete and Total Support” in seeking to change the policy.