TRUMP LOSES: Supreme Court Strikes Down Bid to End Birthright Citizenship

TRUMP LOSES: Supreme Court Strikes Down Bid to End Birthright Citizenship

By Olufemi Odeyemi

The United States Supreme Court on Tuesday dealt a major blow to President Donald Trump, ruling 6-3 that the Constitution guarantees automatic citizenship to virtually all children born on American soil, regardless of their parents' immigration status.

The landmark decision in Trump v. Barbara struck down Executive Order 14160, which Trump signed on his first day in office on January 20, 2025. The order had sought to restrict citizenship conferred at birth to children with at least one parent who is a U.S. citizen or lawful permanent resident.

Chief Justice John Roberts wrote the majority opinion, joined by fellow conservative Justice Amy Coney Barrett and the court's three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson. Describing citizenship as "the right to have rights," Roberts wrote that the framers of the Fourteenth Amendment extended that promise to every person born on American soil, and declared that the court was upholding that promise.

The ruling firmly rejects Trump's argument that children born to undocumented immigrants or temporary visa holders are not "subject to the jurisdiction" of the United States and therefore ineligible for citizenship. The decision affirms a principle that has stood since 1898, when the Supreme Court first addressed the matter in the landmark Wong Kim Ark case.

Three conservative justices dissented. Justice Clarence Thomas, joined by Justice Neil Gorsuch, argued that the Citizenship Clause requires domicile rather than mere birth on U.S. soil. Justice Samuel Alito wrote separately that "the Court has made a serious mistake." Justice Brett Kavanaugh took a narrower position, arguing the order conflicted with federal statute rather than the Constitution itself.

Reacting to the defeat, Trump signaled he would pursue legislative options instead. He wrote on Truth Social that Congress should "start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship," pledging his "Complete and Total Support" for such efforts.

Legal experts say the ruling preserves the legal status quo nationwide. Because the executive order had already been blocked by multiple lower courts since January 2025 and never took effect, no immediate action is required of employers, hospitals, or government agencies. Advocacy groups, including the ACLU and the Legal Defense Fund, who brought the challenge on behalf of affected families, hailed the ruling as a decisive victory for constitutional rights.

The case was one of several major decisions issued by the court as it closed out its 2025-2026 term, alongside rulings on transgender athletes in school sports and campaign finance limits.