The United States Supreme Court has dealt a major setback to President Donald Trump’s immigration agenda, ruling that his executive order seeking to end automatic birthright citizenship violates the US Constitution and cannot take effect.
In a 6 to 3 decision issued on Tuesday, the nation’s highest court upheld a lower court ruling that blocked Trump’s order, reaffirming that nearly all children born on US soil automatically acquire American citizenship under the 14th Amendment. The ruling preserves a constitutional principle that has existed for more than 150 years and marks one of the most significant judicial defeats for Trump’s second term.
Trump signed the executive order on January 20, 2025, shortly after returning to office. The directive instructed federal agencies not to recognize citizenship for children born in the United States if neither parent was an American citizen or lawful permanent resident. The administration argued that children of undocumented immigrants and parents on temporary visas should not qualify for automatic citizenship.
Chief Justice Roberts defends constitutional guarantee
Writing for the majority, Chief Justice John Roberts traced the history of birthright citizenship from English common law through the adoption of the 14th Amendment in 1868 and the landmark 1898 Supreme Court case United States v. Wong Kim Ark, which established that nearly everyone born on American soil is a US citizen.
Roberts rejected the administration’s interpretation of the Constitution, writing, “The trouble is that there is scant evidence for this dramatically revisionist view.”
He added, “The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.'” He concluded with the words, “We keep that promise today.”
The majority found that the Trump administration failed to provide sufficient historical or legal evidence to support its reinterpretation of the Citizenship Clause. The court also reaffirmed that only narrow exceptions, such as children born to foreign diplomats, fall outside the constitutional guarantee.
Blow to Trump’s immigration agenda
The decision represents the second major Supreme Court defeat for Trump this year after the justices previously struck down his broad tariff policy. Immigration advocates welcomed the ruling, saying it protects constitutional rights and prevents uncertainty for hundreds of thousands of children born in the United States each year.
Trump did not immediately respond to the judgment. Earlier in the day, however, he shared an article on his Truth Social platform suggesting Congress could change birthright citizenship through legislation. Legal experts note that such a move would face major constitutional hurdles and currently lacks sufficient political support.
Birthright citizenship has remained a cornerstone of US constitutional law since the adoption of the 14th Amendment following the Civil War. The amendment guarantees citizenship to almost everyone born in the country regardless of their parents’ immigration status. Tuesday’s ruling reinforces that long established interpretation and leaves any future changes in the hands of constitutional amendment rather than executive action.
