Overview
- Chief Justice John Roberts wrote the majority opinion that on June 30 invalidated Decree No. 14160 and reaffirmed that the 14th Amendment makes nearly all children born on U.S. soil American citizens.
- The January 20, 2025 decree would have stopped federal agencies from issuing passports and citizenship documents to U.S.-born children of parents present illegally or temporarily, but lower courts had blocked the order and it never took effect.
- President Trump condemned the ruling and urged Congress to pass legislation to end birthright citizenship, signaling the issue will move back into the political arena rather than be settled by the White House.
- Three conservative justices dissented, with Justices Samuel Alito and Clarence Thomas arguing the majority was wrong and saying the opinion weakens the meaning of citizenship.
- Legal experts and researchers warn that only Congress or a constitutional amendment could change the rule, a difficult path politically, and studies cited in the case project large long-term effects on undocumented population totals if birthright citizenship were revoked.