The US Supreme Court invalidated President Donald Trump’s executive order attempting to end automatic birthright citizenship for children born in the US to undocumented immigrants and certain visa holders. The Court ruled that such children are citizens by birth under the Fourteenth Amendment. Chief Justice John Roberts emphasized that citizenship is the right to participate freely in the political community.
Trump’s executive order from January 20, 2025, aimed to prevent US citizenship for children born in the country if their mothers were undocumented or on temporary visas, and the fathers were neither US citizens nor lawful residents. Despite the order, legal challenges prevented its enforcement through nationwide injunctions.
The Supreme Court rejected the administration’s argument that the Fourteenth Amendment did not universally grant citizenship to all born in the US. The Court emphasized historical context, common law, the Civil Rights Act of 1866, and constitutional precedent to affirm that children born in the US to undocumented or temporary resident parents acquire citizenship at birth.
Democratic lawmakers praised the decision, underscoring the constitutional principle that every child born in the US is a citizen. They criticized Trump, stating that the ruling highlights the limits of presidential power in overriding constitutional rights.
California Attorney General Rob Bonta, a key figure in the legal opposition to the order, hailed the ruling as a victory for American democracy. He emphasized that every child born in the US, regardless of background, is equal under the law and can pursue the American Dream. Former White House adviser Ajay Bhutoria also lauded the decision, calling it a win for justice, the US Constitution, and the American Dream.
Birthright citizenship, established in the Fourteenth Amendment after the Civil War, guarantees citizenship to those born or naturalized in the US and under its jurisdiction. This principle, in place for over a century, ensures citizenship for nearly all born on US soil.
