Supreme court strikes down Trump’s birthright citizenship order, 6–3
Supreme Court has struck down Donald Trump's executive order attempting to end birthright citizenship
WASHINGTON, United States (MNTV) — The Supreme Court has struck down Donald Trump’s executive order attempting to end birthright citizenship for children born to undocumented immigrants and certain temporary visa holders, ruling 6–3 that it violates the Fourteenth Amendment.
Chief Justice John Roberts, writing for the majority, held that citizenship is guaranteed to nearly everyone born on U.S. soil, regardless of parental immigration status.
The ruling leans on the Court’s 1898 decision in United States v. Wong Kim Ark and rejects outright the administration’s theory that the Fourteenth Amendment leaves room for executive restriction.
Changing the citizenship guarantee, the majority made clear, would take a constitutional amendment — not an executive order.
The Court’s three liberal justices were joined by conservatives Amy Coney Barrett and Brett Kavanaugh, with Kavanaugh writing separately that the order fails even under ordinary statutory interpretation.
In dissent, Clarence Thomas argued the amendment was written to address slavery’s legacy and shouldn’t extend to children of temporary visitors; Samuel Alito dissented separately, describing the ruling as an expansion of citizenship to what he called “birth tourists.”
Trump criticized the decision and said he’ll pursue legislative alternatives.
Legal experts point out that any real change to the constitutional standard faces a steep climb — and, per this ruling, no path through executive action at all.
Civil rights organizations welcomed the outcome as confirmation that a president cannot unilaterally rewrite a constitutional guarantee — including one that has directly protected the citizenship of children in Muslim and immigrant communities targeted by the order.