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Supreme Court upholds birthright citizenship, striking down Trump order
Confirmed
What we know
The U.S. Supreme Court on Tuesday ruled 6–3 that babies born in the United States have a constitutional right to citizenship, rejecting President Donald Trump’s executive order seeking to end the long-standing policy for children of parents who are unlawfully or temporarily present.
Chief Justice John Roberts wrote for the majority that the 14th Amendment’s Citizenship Clause guarantees citizenship at birth to nearly all people born on U.S. soil. Five justices held the order unconstitutional; Justice Brett Kavanaugh concurred separately that it violated federal law. Justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissented. Trump called the outcome “too bad” and urged Congress to legislate limits.
What's confirmed
- 6–3 decision striking down Trump’s birthright-citizenship executive order (BBC/CBS/Al Jazeera).
- Roberts majority: children born in the U.S. to parents unlawfully or temporarily present are “citizens at birth” under the 14th Amendment (BBC/CBS).
- Trump: Truth Social response urging congressional legislation; White House Chief of Staff Stephen Miller denounced the ruling (BBC).
- Case captioned Trump v. Barbara; Trump attended April oral arguments as sitting president (CBS).
What's still developing
- Whether Congress advances legislation or a constitutional amendment track.
- Scope of follow-on litigation after lower-court nationwide injunctions were earlier narrowed.