Key points
- The US Supreme Court has ruled that children born in the United States remain entitled to automatic citizenship, rejecting President Donald Trump’s executive order.
- The court held that the 14th Amendment guarantees citizenship to children born on US soil, including those whose parents are in the country illegally or on temporary visas.
- Trump had argued that unrestricted birthright citizenship encourages illegal immigration and “birth tourism.”
- The ruling marks another major legal setback for the Trump administration’s immigration agenda.
Main story
The United States Supreme Court has upheld the constitutional right to birthright citizenship, ruling that children born on American soil remain US citizens regardless of whether their parents are in the country illegally or on temporary visas.
In a 6-3 decision delivered on the final day of its term, the court rejected President Donald Trump’s executive order seeking to end automatic citizenship for children born to undocumented immigrants and temporary visa holders.
Trump signed the order on his first day back in office, arguing that such children were not entitled to citizenship under the 14th Amendment because their parents were not fully “subject to the jurisdiction” of the United States.
Lower courts had blocked the order, finding that it conflicted with the Citizenship Clause of the 14th Amendment, which has long been interpreted to grant citizenship to nearly everyone born in the United States.
Writing for the majority, Chief Justice John Roberts reaffirmed that constitutional interpretation.
“Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause,” Roberts wrote.
The case represented one of the most closely watched constitutional disputes of the court’s term and formed a central part of Trump’s broader effort to tighten immigration rules and reduce illegal migration.
In an unusual move, Trump personally attended the Supreme Court hearing in April, remaining in court for the presentation by Solicitor General John Sauer before leaving ahead of arguments presented by the American Civil Liberties Union (ACLU), which defended birthright citizenship.
During the proceedings, the administration argued that automatic citizenship encouraged illegal immigration and so-called “birth tourism,” where foreign nationals travel to the United States specifically to give birth so their children can obtain US citizenship.
Government lawyers further contended that the 14th Amendment, adopted after the Civil War to secure citizenship rights for formerly enslaved people, was never intended to apply to children of undocumented immigrants or temporary visitors.
The Supreme Court rejected that interpretation, relying on more than a century of constitutional precedent.
The justices reaffirmed the principles established in the landmark 1898 case involving Wong Kim Ark, who was born in San Francisco to Chinese parents and was later denied re-entry into the United States after travelling abroad. The court ruled then that his birth on US soil made him an American citizen despite his parents’ immigration status.
The latest decision represents another significant judicial setback for the Trump administration. It follows earlier Supreme Court rulings striking down much of the administration’s global tariff programme in February and blocking its attempt to remove Federal Reserve Governor Lisa Cook.
The issues
Birthright citizenship has been one of the most contentious issues in US immigration policy. Supporters argue it reflects the Constitution’s guarantee of equal citizenship and prevents the creation of stateless populations, while opponents contend it incentivises illegal immigration and should be restricted through constitutional reinterpretation or amendment.
What’s being said
“Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause.” — Chief Justice John Roberts
What’s next
The ruling effectively blocks the Trump administration from enforcing its executive order. Any future effort to end birthright citizenship would likely require a constitutional amendment rather than executive action.
Bottom line
The Supreme Court has reaffirmed one of the longest-standing principles of US constitutional law, preserving automatic citizenship for nearly everyone born on American soil despite the Trump administration’s efforts to narrow its scope.
