A major blow to Trump’s anti-immigration stance! US Supreme Court rejects "ending birthright citizenship"

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On Tuesday, the U.S. Supreme Court ruled 6–3 to overturn Trump’s executive order restricting birthright citizenship, delivering a serious blow to his immigration agenda.

The Fourteenth Amendment to the U.S. Constitution clearly stipulates that all those born or naturalized in the United States enjoy citizenship. On the first day of his second term, Trump signed an executive order attempting to limit this right to newborns whose parents are U.S. citizens or lawful permanent residents. On Tuesday, the Supreme Court declared the order unconstitutional and overturned it.

Chief Justice John Roberts wrote in the majority opinion: "Citizenship, whether past or present, is the right to have rights—it is the right to freely participate in our political community. The drafters of the Fourteenth Amendment extended this promise to 'every free-born person on this land.' Today, we honor that promise."

Trump expressed dissatisfaction with the decision, posting on his Truth Social platform that it was "too bad for our country," and urged Congress to legislate an end to birthright citizenship. "Congress should begin today to terminate this costly and unfair birthright citizenship for our country."

Internal Division: Split Among Conservatives

The ruling was not unanimous. Conservative Justice Amy Coney Barrett, appointed by Trump, joined the three liberal Justices and Roberts in the majority opinion.

Another Trump appointee, Justice Brett Kavanaugh, although disagreeing with declaring the executive order unconstitutional, concurred with the outcome based on a different legal rationale.

The three dissenting Justices were outspoken. Justice Clarence Thomas, in a dissent co-signed by Justice Neil Gorsuch, stated that the ruling "demeans" American citizenship; Justice Samuel Alito called it a "grave mistake," warning that the Court’s interpretation "preserves a powerful incentive" that will encourage more to enter or remain in the U.S. illegally.

Core Controversy: A Century-Old Interpretation Battle Over One Phrase

The legal dispute in this case centers on a phrase in the Fourteenth Amendment—citizenship applies to all "subject to the jurisdiction" of the United States.

For a long time, this phrase has been broadly understood to cover almost all individuals born in the United States. But the Trump administration’s stance was starkly different.

U.S. Solicitor General John Sauer argued in court that the Amendment was intended to grant citizenship to former slaves, not to the children of visa holders or undocumented immigrants. He claimed that "misinterpretation" of this clause had granted U.S. citizenship to hundreds of thousands of otherwise ineligible individuals.

Lawyers for the plaintiffs, the parents, countered that accepting the government’s position would "undermine a long-established constitutional provision." This principle has been in place since the post–Civil War era, with the last related Supreme Court ruling more than 125 years ago, and it has rarely been challenged since.

Trump’s Series of Defeats and Subsequent Actions

According to the Financial Times, this ruling is yet another significant setback for Trump at the Supreme Court in recent times. Back in February, the Court overturned the main parts of his sweeping tariff measure.

On Monday, the Supreme Court also rejected Trump’s attempt to dismiss Federal Reserve Board member Lisa Cook, although it did support the president’s request for greater authority to dismiss federal agency officials in another case the same day.

Notably, Trump himself attended the oral arguments in April, becoming the first sitting president to observe a Supreme Court hearing, underscoring the importance he attached to the case.

After the ruling was announced, the Department of Justice promptly issued a memorandum stating that it would prioritize investigating so-called "birth tourism"—cases where individuals enter the U.S. under false pretenses to secure citizenship for their children.

House Minority Leader, Democrat Hakeem Jeffries, welcomed the decision, saying it proved Trump’s "shameful conduct" over birthright citizenship was "clearly illegal and an intrusion on our way of life."

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