Supreme Court Halts Trump’s Attempt to Limit Birthright Citizenship
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Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, May 15, 2025, outside of the Supreme Court in Washington. (AP Photo/Jacquelyn Martin, File)
This decision means that all children born in the United States, regardless of whether their parents are documented or not, are U.S. citizens.
The U.S. Supreme Court rejected President Donald Trump’s executive order that sought to limit birthright citizenship for children of immigrants in a 6-3 vote, stating the Fourteenth Amendment protects that right. Thisdecisionmeansthatallchildrenborn in theUnited States, regardlessofwhethertheirparents are documentedornot, are U.S. citizens.
“Citizenship, then and now, istherighttohaverights: toparticipatefreely in ourpoliticalcommunity. The draftersoftheFourteenthAmendment extended thatpromiseto ‘everypersonborn free onthisearth,’” Chief Justice John Roberts wroteonbehalfofthe Court, citingthecongressional debate overtheamendment. “Today wekeepthatpromise,” he said.
Trump’s executive order Trump’s executive orderon Jan. 20, 2025, wouldupendthelong-heldviewthatthe 14th AmendmenttotheConstitution, ratified in 1868, and federal lawsince 1940 grantcitizenshiptoanyonebornon U.S. soil, withlimitedexceptionsforchildrenofforeigndiplomats and thosebornof a foreignoccupyingforce. The 14th Amendmentsoughttoensurethat Black people, includingformerslaves, hadcitizenship, althoughtheCitizenship Clause is more broadlyworded. “Allpersonsbornornaturalized in theUnited States, and subjecttoitsjurisdiction, are citizensoftheUnited States and ofthe State in whichthey reside,” thetextsays.
The demand In June 2025, the Legal Defense Fund (LDF) joinedthe American Civil Liberties Union (ACLU) and otherorganizationsto file Barbara v. Trump, a classactionlawsuitrepresentingthelargenumberofpeoplewhosecitizenshipis at riskduetothepresident’s executive orderonbirthrightcitizenship. This case seekstoprotectallfamilies in the country byfilling gaps thatcould be leftbyexistinglitigation. The lawsuitcontendsthatthe Trump administration’sissuanceofthat executive orderviolatestheConstitution, contradictstheintentof Congress, and ignores longstanding Supreme Court precedent. In addition, it has a nationalscope.
The blockingofthe executive order OnJuly 10, 2025, a federal court in New HampshireblockedTrump’s executive orderonbirthrightcitizenship and certified a nationwideclassactionlawsuit, whichprotectsthecitizenshiprightsofallchildrenbornon U.S. soil. The Supreme Court heard oral arguments in Trump v. Barbara on April 1. The plaintiffsfiledargumentstochallengetheadministration’seffortstoeliminatebirthrightcitizenship, the legal principleguaranteedbytheFourteenthAmendmentthatstatesthatbabiesborn in theUnited States are U.S. citizens. The plaintiffsarguedthatTrump’s executive ordercontradictstheConstitution, Supreme Court precedent, a lawpassedby Congress, and fundamental U.S. values.