The US Supreme Court upheld birthright citizenship yesterday. Justices struck down President Donald Trump’s executive order that sought to limit citizenship for children born in the United States to undocumented or temporary immigrants.
President Donald Trump signed Executive Order 14160 on January 20, 2025. The order directed federal agencies to deny citizenship to certain children born on US soil. It targeted those whose parents lacked full legal status. Lower courts blocked the order immediately. Challengers argued it violated the 14th Amendment.
Chief Justice John Roberts wrote the majority opinion in the 6-3 decision. He stated that children born in the United States to parents unlawfully or temporarily present remain subject to the jurisdiction of the United States.
Roberts added, “Citizenship, then and now, was the right to have rights to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to every free-born person in this land. We keep that promise today.”
Justice Ketanji Brown Jackson wrote a concurring opinion. Justice Clarence Thomas dissented. He joined Justice Neil Gorsuch in one dissent. Justices Samuel Alito and Neil Gorsuch also filed separate dissents.
The decision affirmed longstanding precedent from the 1898 Wong Kim Ark case. It preserved automatic citizenship for nearly all born in the country. Legal experts noted the ruling reinforced constitutional protections. The case, known as Trump v. Barbara, ended months of litigation.
