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Birthright Citizenship Upheld: Supreme Court Rejects Trump's Executive Order

The U.S. Supreme Court, in its June 30 decision,has ruled 6-3 that the Constitution guarantees birthright citizenship to nearly all children born on American soil, reaffirming a long-standing interpretation of the Fourteenth Amendment. The decision represents a major setback for President Donald Trump, who had sought to end automatic citizenship for children born in the U.S. to parents who were either in the country illegally or living there temporarily on work or student visas.

US Immigration Service Lawyer

Writing for the majority, Chief Justice John Roberts emphasized that birthright citizenship has deep historical and constitutional roots. He noted that the principle was influenced by the English common law tradition and was reinforced after the Civil War through the Fourteenth Amendment. Roberts stated that citizenship has always been the foundation for securing individual rights and that the Constitution extends this protection to “every free-born person in this land.”

The ruling upheld the long-established understanding that anyone born in the United States, with very limited exceptions such as children of foreign diplomats, automatically becomes a U.S. citizen. The Court rejected Trump’s executive order, which had been signed on the first day of his second term but never took effect because lower federal courts unanimously found it unconstitutional.

Justice Ketanji Brown Jackson, in a separate opinion, responded to arguments made by Justice Clarence Thomas, who dissented. Thomas argued that the Citizenship Clause was intended primarily as a remedy for formerly enslaved people rather than as a broad guarantee of birthright citizenship. Jackson rejected that interpretation, stating that the Fourteenth Amendment was written to establish a universal constitutional principle, not a limited race-based protection.

The Supreme Court’s decision reinforces more than 150 years of legal precedent and confirms that any attempt to alter birthright citizenship would require a constitutional amendment rather than an executive order. The ruling is expected to have significant implications for U.S. immigration policy and preserves automatic citizenship for children born in the United States regardless of their parents’ immigration status.

Attorney

Mariana Ehrenberg

Mariana Ehrenberg

Partner
Brian Ehrenberg

Brian Ehrenberg

Partner

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