The United States Supreme Court has reaffirmed the principle of birthright citizenship, delivering a significant decision on Tuesday by striking down an executive order issued by former President Donald Trump. The case, Trump v. Barbara, ended with a 6-3 ruling that upheld the constitutional guarantee of citizenship for children born on U.S. soil, irrespective of their parents’ immigration status. This ruling effectively nullifies Trump’s order, which was signed on January 20, 2025, his first day back in office.
The executive order, entitled “Protecting the Meaning and Value of American Citizenship,” sought to restrict automatic citizenship for children born to non-citizen mothers in the United States unlawfully or on temporary visas. Chief Justice John Roberts, writing for the majority and joined by Justices Sotomayor, Kagan, Barrett, and Jackson, traced the historical foundations of the 14th Amendment’s Citizenship Clause, citing its roots in English common law and a historical rejection of the infamous Dred Scott v. Sandford decision. Roberts emphasized that the framers intended citizenship for “every free-born person in this land.” This aligns with the precedent set in the 1898 United States v. Wong Kim Ark case, which upheld citizenship for a child born in the U.S. to Chinese immigrants. Details on the ruling can be found here.
Justice Ketanji Brown Jackson offered a separate concurrence, supported partially by Justice Sotomayor. Jackson argued that the 14th Amendment extends beyond remedying the legacy of slavery, acting as a broader opposition to caste systems and subordination. Meanwhile, Justice Brett Kavanaugh, agreeing with the judgment in part, believed the matter could have been settled on statutory grounds rather than constitutional ones.
In dissent, Justices Clarence Thomas and Neil Gorsuch argued that the Citizenship Clause historically intended parental domicile within the U.S. as a prerequisite. Justice Samuel Alito expressed concerns about the potential for promoting “birth tourism.” Gorsuch also filed his own separate dissent.
The ruling marks the end of an executive order that had faced legal challenges from its inception and was consistently blocked by lower courts. With the Supreme Court’s decision, the longstanding interpretation of birthright citizenship under the 14th Amendment remains intact, reinforcing a significant pillar of American citizenship law.