An article summarized by the Associated Press:
Supreme Court of the United States ruled that children born in the United States to parents who are in the country illegally or temporarily remain U.S. citizens, rejecting President Trump's executive order seeking to restrict birthright citizenship. In the majority opinion, Chief Justice John Roberts wrote that the Fourteenth Amendment to the United States Constitution and longstanding legal precedent guarantee citizenship to nearly everyone born on U.S. soil, emphasizing that the Constitution's promise of citizenship applies broadly with only limited exceptions, such as children of foreign diplomats.
The Court's decision was divided, with three conservative justices dissenting. Justice Clarence Thomas argued that the majority misinterpreted the original purpose of the Fourteenth Amendment, contending it was intended to secure rights for formerly enslaved people rather than automatically grant citizenship to children of noncitizens. Justice Brett Kavanaugh agreed that current federal law grants citizenship to these children but said he did not believe the Constitution itself requires it, suggesting Congress could change the law in the future.
Trump's executive order, signed on the first day of his second term as part of his broader immigration agenda, would have denied automatic citizenship to children born in the U.S. to many undocumented immigrants and some temporary visa holders, including students and green card applicants. Lower courts had blocked the order before it could take effect, citing the Supreme Court's 1898 decision in United States v. Wong Kim Ark, which established that most children born on U.S. soil are citizens. The ruling means birthright citizenship remains unchanged under current constitutional interpretation and federal law.
