Supreme Court Rejects Trump Order Aimed at Limiting Birthright Citizenship

The U.S. Supreme Court ruled today (Tuesday) that the executive order signed by President Donald Trump, which sought to limit eligibility for American citizenship for children born in the country, does not meet the test of the law. In their decision, the justices rejected the administration’s position and reaffirmed the broad interpretation of the principle of birthright citizenship, anchored in the 14th Amendment to the U.S. Constitution.

The order signed by Trump stated that babies born in the United States to parents who are not American citizens, or to parents staying in the country illegally or temporarily, would not automatically receive American citizenship. But the Supreme Court found that this policy contradicts the Constitution and ordered the cancellation of the order.

The justices based their decision on the long-standing interpretation of the 14th Amendment, which was adopted after the Civil War, as well as on federal laws enacted later and established case law, including an 1898 ruling. The decision emphasized that the amendment grants citizenship to anyone born within the United States and “subject to its jurisdiction,” with only narrow exceptions that have been recognized over the years.

The ruling affects thousands of babies born each year in the United States and marks a significant victory for opponents of Trump’s hardline immigration policy. In doing so, the Court adopted the legal understanding that has held for decades: that birth on U.S. soil grants citizenship, regardless of the legal status of the parents in most cases.

During the hearings, Trump—who was present in court in an unusual move—argued that “birth tourism” is being abused by foreign nationals seeking to secure American citizenship for their children. Still, the Court rejected the interpretation presented by the president and did not accept the administration’s arguments. This is another legal loss for Trump this year, after the protective tariffs he advanced were canceled in February.