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Supreme Court Upholds Birthright Citizenship

The ruling removes the White House’s authority to reinterpret the Fourteenth Amendment and leaves any change to Congress or a constitutional amendment.

Overview

  • The Court issued its decision on June 30, reaffirming that most people born on U.S. soil are citizens under the Fourteenth Amendment.
  • Chief Justice John Roberts wrote for the majority and the opinion relied on historical precedent, most notably United States v. Wong Kim Ark (1898), to interpret the Citizenship Clause.
  • The ruling rejected President Trump’s executive effort to deny citizenship by fiat and leaves that policy path closed because the order was enjoined by lower courts and never took effect.
  • The decision triggered sharp partisan reactions, with immigration advocates praising the outcome and the White House and conservative allies proposing legislative fixes such as a constitutional amendment, new statutes, and measures targeting birth tourism.
  • The affirmation of birthright citizenship comes as the Court and the administration have narrowed other migrant protections this term, and analysts note the practical stakes include roughly 250,000 births a year to noncitizen parents and millions of undocumented residents who remain affected by other enforcement and denaturalisation policies.