Supreme Court Strikes Down Trump Birthright Citizenship Order

The Supreme Court of the United States ruled 6-3 on June 30, 2026, in Trump v. Barbara, upholding birthright citizenship and striking down an executive order issued by President Donald Trump. The January 20, 2025, order sought to deny automatic citizenship to children born in the U.S. to parents who were unlawfully present or held temporary legal status, such as tourists or students.

Chief Justice John Roberts authored the majority opinion, affirming 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 striking down the order, it was split 5-4 on the underlying constitutional question. Justice Brett Kavanaugh concurred that the order violated federal statute but argued that Congress could potentially legislate exceptions to birthright citizenship. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, arguing the amendment was not intended to cover children of non-domiciled foreign visitors.

President Donald Trump condemned the ruling as "too bad for our Country" and urged Congress to end the practice through legislation, though some Republican leaders maintain only a constitutional amendment can achieve this. In response to the judicial setback, the United States Department of Justice and the Department of Homeland Security announced a crackdown on "birth tourism" schemes, directing federal prosecutors to prioritize charges of visa fraud, money laundering, and identity theft against those exploiting the system.