Supreme Court Upholds Birthright Citizenship, Striking Down Trump Order

The Supreme Court of the United States ruled 6-3 on June 30, 2026, to uphold birthright citizenship, striking down Executive Order 14160 issued by President Donald Trump. The order, signed on January 20, 2025, sought to deny automatic citizenship to children born in the U.S. to parents who were unlawfully or temporarily present. Chief Justice John Roberts, writing for the majority, affirmed that the 14th Amendment guarantees citizenship to nearly all persons born on U.S. soil, citing the 1898 precedent in United States v. Wong Kim Ark.

While the court was 6-3 in invalidating the order, it was divided 5-4 on the constitutional question. Justice Brett Kavanaugh concurred that the order violated federal statute but disagreed with the constitutional holding. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, arguing that citizenship should require domicile or political allegiance rather than mere physical presence.

President Donald Trump criticized the decision as "too bad for our Country" and urged Congress to end the practice through legislation. In response to the ruling, the United States Department of Justice directed federal prosecutors to prioritize the investigation and prosecution of "birth tourism" schemes using charges of visa fraud, money laundering, and wire fraud. Simultaneously, the administration began considering travel restrictions on pregnant foreign nationals to curb birth tourism. Democratic leaders and civil rights organizations, including the ACLU, hailed the ruling as a victory for the rule of law and a preservation of a foundational American promise.