Supreme Court Strikes Down Trump Birthright Citizenship Order
The Supreme Court ruled that President Donald Trump cannot unilaterally end birthright citizenship for children of undocumented or temporary residents under the 14th Amendment.
The Supreme Court of the United States ruled in Trump v. Barbara that Executive Order 14160, which sought to end birthright citizenship for children born to parents unlawfully or temporarily present in the U.S., is unconstitutional. Writing for the majority, Chief Justice John Roberts affirmed that the 14th Amendment guarantees citizenship to nearly all persons born on U.S. soil, noting that the right to participate in the political community extends to every free-born person in the land.
While the court struck down the order in a 6-3 vote, a concurring opinion by Justice Brett Kavanaugh suggested that congressional laws rather than the Constitution rendered the order invalid. Justice Clarence Thomas dissented, arguing that the Citizenship Clause was originally intended only for those domiciled in the U.S. without foreign allegiance.
In separate rulings on executive power, the court protected Federal Reserve Board of Governors members from removal without cause but granted the president sweeping authority to remove heads of approximately a dozen other executive agencies, overturning a 91-year-old precedent.
Following the birthright citizenship decision, President Donald Trump urged Congress to pursue legislative reforms. House Speaker Mike Johnson and Senator Mike Lee indicated that lawmakers are exploring legislative and constitutional options to address the issue. Meanwhile, the United States Department of Justice announced it will prioritize the prosecution of birth tourism schemes involving visa fraud, with Assistant Attorney General Colin McDonald directing U.S. Attorneys to coordinate with the Department of Homeland Security.