The US Supreme Court on Tuesday rejected President Donald Trump’s attempt to end birthright citizenship, dealing a major setback to one of his signature immigration policies and preserving a constitutional right that has existed in the United States for more than a century.
In a 6-3 decision, the court upheld a lower court ruling that blocked Trump’s executive order directing federal agencies not to recognize the citizenship of children born in the United States if neither parent is an American citizen or a lawful permanent resident, commonly known as a green card holder.
Trump signed the executive order on his first day back in office last year as part of a broader immigration crackdown. The move drew widespread criticism, with opponents accusing the Republican president of pursuing discriminatory immigration policies targeting racial and religious minorities.
Even before the Supreme Court announced its ruling, Trump had hinted that the fight over birthright citizenship was far from over. In a post on Truth Social, he shared a news report highlighting efforts by Republican lawmakers in Congress to introduce legislation that would effectively end birthright citizenship if passed.
Whether the Trump administration and Republicans have enough political support to push such legislation through Congress remains uncertain.
The ruling marks the second major setback for Trump at the Supreme Court this year, following its February decision to strike down his sweeping global tariff policy.
Trump vows to continue the fight
Shortly after the verdict, Trump made it clear that he intends to continue pursuing changes to birthright citizenship through Congress, describing the court’s decision as a disappointment.
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!” Trump wrote on Truth Social.
Constitutional challenge centred on the 14th Amendment
Opponents of Trump’s executive order argued that it directly violated the Citizenship Clause of the 14th Amendment to the US Constitution, which grants citizenship to people born in the United States who are “subject to the jurisdiction thereof.”
The legal challenge was brought through a class-action lawsuit filed in New Hampshire by parents and children whose citizenship status would have been affected by the executive order.
For decades, the 14th Amendment has been widely interpreted as guaranteeing automatic citizenship to nearly everyone born on US soil, with only limited exceptions, including children of foreign diplomats and enemy forces occupying American territory.
The Citizenship Clause states: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
The Trump administration argued that the phrase “subject to the jurisdiction thereof” should not automatically apply to children born to parents who are in the country illegally or who are residing in the United States temporarily, including international students and foreign workers on temporary visas.
According to the administration, citizenship should be reserved for children whose parents owe their primary allegiance to the United States, such as American citizens and lawful permanent residents. Government lawyers argued that such allegiance is established through lawful, permanent residence with the intention of remaining in the country.
When the Supreme Court heard arguments in the case on April 1, Trump became the first sitting US president to attend oral arguments before the nation’s highest court. However, he left the courtroom before the proceedings concluded, shortly after the attorney challenging his administration began presenting arguments.
