US Supreme Court rules Trump’s birthright citizenship order unconstitutional

2026-06-30

Supreme Court rules birthright citizenship order unconstitutional

The US Supreme Court said on the 30th that a presidential order by US President Donald Trump directing changes to birthright citizenship, which automatically grants US nationality to children born in the United States, was unconstitutional.

The court’s ruling is a blow to immigration restrictions, one of Trump’s flagship policies. Trump had pressed for a ruling upholding the order through social media and other channels, and had attended the oral arguments in April as the first sitting president to do so.

Application of the 14th Amendment affirmed

The 14th Amendment to the Constitution defines as US citizens those born or naturalized in the United States and subject to US jurisdiction. The Supreme Court said children born to parents who are in the country illegally or temporarily also fall under that requirement and are US citizens under the 14th Amendment.

Chief Justice John Roberts wrote in the opinion that citizenship is a 'right to have rights' and that the framers of the 14th Amendment extended that promise to 'all persons born on this soil'. He also said, 'We are keeping that promise today.'

Background and impact of the order

In January 2025, Trump signed an executive order stating that even if a child is born in the United States, US citizenship would not be granted if the father does not hold US citizenship or permanent residency and the mother is in the country unlawfully or is staying temporarily on a visa. The aim was to curb illegal immigration and, with China and other countries in mind, birth tourism.

Civil rights groups and others filed suit, arguing the order was unconstitutional, and lower courts blocked its enforcement. The administration appealed. The ruling could also affect Japanese nationals who give birth while staying in the United States for study abroad or assignments.

Trump criticized the decision in a post on social media, calling it 'very bad for the United States'. He also argued that Congress could easily revise birthright citizenship through legislation and urged lawmakers to begin the process immediately.

Conservative justices split

Meanwhile, conservative Justices Thomas, Alito and Gorsuch dissented, saying the order was not unconstitutional. Justice Kavanaugh also said it did not violate the Constitution, but held that it was invalid because it conflicted with the Immigration Act enacted in 1952.

Kavanaugh said Congress could pass amendments or new legislation making children of parents who are unlawfully present or temporarily present exceptions to birthright citizenship. In a 1898 ruling, the Supreme Court recognized US citizenship for the child of a migrant from China born in the United States, and since then birthright citizenship has been maintained in the United States for more than 100 years.

Trump had argued that the 14th Amendment was created at the time to grant citizenship to newly freed slaves and their children, and that it did not cover children of illegal immigrants.

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