On June 30th, in a 6-3 majority vote, the United States Supreme Court, in the case of Trump v. Barbara, struck down President Donald Trump’s executive order seeking to end birthright citizenship. The decision affirms that everyone child born in the United States is guaranteed citizenship. The ruling reaffirms the more than 100-year-old understanding that nearly all of those born in the United States are citizens. With the decision, the Supreme Court has now invalidated a second of President Trump’s signature initiatives from his second term, joining its ruling striking down many of his tariffs in February.
In a majority decision written by Republican Chief Justice John Roberts, the U.S, Supreme Court agreed with the challengers, as well as all of the lower courts around the country that have considered the issue, that Trump’s Executive Order cannot be reconciled with the 14th Amendment to the United States Constitution which states that “all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” Congress codified that language in federal immigration law, first in 1940 through the Nationality Act, and again in 1952 in the Immigration and Nationality Act.
The Supreme Court considered the meaning of the clause in a landmark case in 1898 and affirmed the rule of citizenship by birth, with rare exceptions for the children of foreign diplomats, occupying armies and members of Native American tribes. Congress in 1924 enacted legislation conferring citizenship on all Native Americans born in the U.S.
Republicans Supreme Court Chief Justice John Roberts and Supreme Court Justice Amy Coney Barrett and Democrat Supreme Court Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson agreed that President Trump’s executive order violates the 14th Amendment of the United States Constitution. Republican Supreme Court Justice Brett Kavanaugh wrote separately to say he believes the order violates federal law. Republican Supreme Court Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.
Writing for the majority, Republican Chief Justice Roberts emphasized that the “children born of parents unlawfully or temporarily present in the United States satisfy both elements of the Citizenship Clause. … Under the Constitution they are citizens at birth.”
Justice Roberts explained that under early English law, children who were born in Britain automatically became British subjects. Roberts observed “This view crossed the Atlantic with the colonists and was adopted with little fanfare after the Revolution.”
In 1868, the 14th Amendment was adopted to repudiate the Supreme Court’s infamous 1857 ruling in Dred Scott v. Sandford, holding that a Black person whose ancestors were brought to this country and sold as enslaved persons was not entitled to any protection from the federal courts because he was not a U.S. citizen. In so doing, Roberts wrote the framers of the amendment intended to “permanently enshrine” the existing understanding of birthright citizenship and that “A child born on American soil and subject to American law was made an American citizen.”
The Supreme Court then reaffirmed that principle in 1898 in the case of Wong Kim Ark, who was born in San Francisco to parents of Chinese descent. When he returned to the United States from a visit to China in 1895, immigration officials would not allow him to enter the country on the ground that he was not a U.S. citizen. Roberts wrote this:
“What the Court held in Wong Kim Ark was simple. … The Citizenship Clause incorporated the common law and granted citizenship to nearly all children born in the United States. Not surprisingly, then, in the 128 years since, we have repeatedly understood the rule [of that case] to guarantee citizenship to all children born in the United States and subject to its power.”
Roberts rejected the government’s argument that, even if birthright citizenship was the norm in early U.S. history, by the time the 14th Amendment was enacted, the key question was whether a child owed “primary allegiance” to the United States, which in turn hinged on “domicile” which is defined as the place where someone has a permanent home. As an initial matter, Roberts said, “there is scant evidence for this dramatically revisionist view.” Justice Roberts added if Congress “intended to limit American citizenship to the children of those domiciled in the United States, nothing in the succinct language of the Citizenship Clause conveyed that design.” Roberts concluded by writing this:
“Citizenship, then and now was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
Republican Supreme Court Justice Brett Kavanaugh agreed with the result that the court reached that President Trump’s Executive Order is invalid but he did not agree with its reasoning. In his Kavanaugh’s view, Trump’s Executive Order prohibiting birthright citizenship “does not violate the Fourteenth Amendment” but does violate a federal law providing that children who are “born in the United States, and subject to the jurisdiction thereof” are U.S. citizens. Kavanaugh suggested that Congress “could amend” that law “or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country” but he noted “Congress has not yet done so.”
DISSENTING OPINIONS
In a dissenting opinion, Republican Supreme Court Justice Samuel Alito called the ruling both “one of the most important decisions in the history of the Court” and “a serious mistake.” Alito wrote this:
“Careful analysis of the text of the Fourteenth Amendment and the process that led to its adoption shows that it does not degrade the concept of United States citizenship in this way. Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.”
Republican Justice Clarence Thomas wrote a lengthy dissent, which Republican Justice Neil Gorsuch joined. He called the majority’s account “not historically accurate”. In his 91-page dissent, more than three times as long as Roberts’ opinion, Republican Justice Clarence Thomas wrote this:
“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens. … In doing so, the Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”
Republican Justice Neil Gorsuch wrote a separate dissent. He appeared to suggest that Trump’s executive order might violate the United States Constitution as it applies to the children of undocumented immigrants who intend to live in the United States permanently. Gorsuch questioned “If those parents are not domiciled here, then where are they domiciled? And if the answer is nowhere, how can we reconcile that conclusion with this Court’s longstanding recognition that every person is domiciled somewhere?” Gorsuch explained that because the challengers in this case argued that Trump’s order is invalid in all circumstances, rather than just some “these questions may not be properly before us. But their answers are undeniably important to a Nation committed to a view of citizenship open to all children born here to parents who can call this country their home.”
In separate opinions, both Republican Supreme Court Justices Kavanaugh and Justice Samuel Alito suggested that if there was an appetite to limit birthright citizenship, as President Trump attempted to do unilaterally, Congress could enact legislation doing so. Kavanaugh wrote this:
“Congress could — consistent with the Fourteenth Amendment — amend [the Immigration and Nationality Act] or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.”
CHRONOLOGY OF APPEAL ON TRUMP’S EXECUTIVE ORDER
It was on January 20, 2025 that Republican President Donald Trump issued his executive order seeking to end birthright citizenship shortly after he was sworn into office for a second term. It provides that babies who are born in the United States to parents who are in this country either illegally or temporarily are not automatically entitled to citizenship. President Trump’s order was slated to go into effect 30 days after he signed it. It never did
Trump’s Executive order was met immediately with legal challenges in courts across the country. Judges in New Hampshire, Washington, Massachusetts and Maryland quickly blocked enforcement of the policy nationwide. The Trump administration pursued emergency appeals of those decisions, eventually landing the issue before the Supreme Court last year. But those cases involved the scope of the lower court orders, known as nationwide injunctions, and not the legality Trump’s effort to limit birthright citizenship.
Faced with the prospect that President Trump’s order could be on hold indefinitely, the Trump administration came to the Supreme Court last spring, asking the justices to weigh in on whether the lower courts can issue “universal” or “nationwide” injunction orders that bar the enforcement of laws or policies anywhere in the country. By a vote of 6 to 3, the United States Supreme court ruled that they cannot.
After the Supreme Court’s decision prohibiting universal injunctions, cases challenging the merits of President Trump’s order continued in the lower courts. On July 10, 2025, a federal judge in New Hampshire issued a preliminary injunction that blocked the government from enforcing the order against a class of babies born after Feb. 20, 2025, who are or would be denied U.S. citizenship by the order. U.S. District Judge Joseph Laplante concluded “that the Executive Order likely ‘contradicts the text of the Fourteenth Amendment and the century-old untouched precedent that interprets it.’”
The Trump administration appealed to the Supreme Court on September 26, 2025 asking it to review Judge Joseph Laplante’s ruling without waiting for a federal appeals court to weigh in. The Supreme Court granted the government’s request on December 5, 2025 and the case was argued on April 1, 2026. On Tuesday, June 30 the Supreme Court upheld the lower court’s decision.
TRUMP’S EXECUTIVE ORDER
President Trump’s executive order sought to change the long-held definition of who is an American citizwen. Trump and his administration argued that unrestricted birthright citizenship has served as a powerful incentive for illegal immigration and birth tourism. They said the Citizenship Clause has been misread since the mid-20th century.
While the administration said President Trump’s measure would have applied only prospectively, the effects would have been far-reaching. According to the Migration Policy Institute and Penn State’s Population Research Institute, an estimated 250,000 babies born in the U.S. would be denied citizenship each year under the executive order.
In a sign of the case’s importance, President Trump attended the oral arguments in April, becoming the first sitting president in modern history to view such proceedings at the high court. Still, the president indicated in social media posts across the past few months that he believed he may not prevail before the Supreme Court.
TRUMP’S REACTION TO RULING
On June 30, when the Supreme Court’s Courts ruling was released, President Trump immediately wrote in a post on Truth Social:
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. … No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”
The American Civil Liberties Union (ACLU) argued the case before the Supreme Court. ACLU lawyer Cecelia Wang, the lead lawyer said congressional action would go against the grain of American life and said this:
“Ask any American what our citizenship rule is, and they will tell you if you’re born here, you’re a citizen, just like everyone else, and that couldn’t be more fundamental to who we are as a nation.”
WHITE HOUSE DEPUTY CHIEF OF STAFF PROPOSES TO BAN PREGNANT WOMEN FROM ENTERING THE UNITED STATES
On June 30, White House Deputy Chief of Staff Stephen Miller proposed to ban pregnant women from entering the U.S. after the U.S. Supreme Court upheld birthright citizenship. Miller appeared on Fox News to denounce the Supreme Court’s decision to uphold the long-term constitutional right to give citizenship to every individual born in the U.S. He argued that the Trump administration will now order immigration agents at airports to “think very carefully” about who they let into the country. Miller said this:
“You have to now think very carefully about who you let into your country, even on a temporary basis, because the possibility … for birth tourism … [which is] the idea that people come here just to have babies on American soil, and that the baby gets to be a citizen for life. … So you have mothers that come in fully pregnant, have a baby, go home, and again, that baby gets Medicaid, and that baby gets welfare, and that baby gets cash assistance, and can send, you know, leave the baby with, you know, a cousin, a relative, whatever, and then just send welfare checks back home.”
Opposition to immigration has long been at the very core of President Donald Trump’s campaigns. Trump has effectively tapped into public frustration with issues like soaring illegal border crossings during the Biden administration when border arrests from Mexico reached a record-high of 250,000 in just one month. Trump has described birthright citizenship as a “magnet for illegal immigration,” with other administration officials often pointing to “birth tourism” networks that arrange for non-U.S. citizens to come to the country solely to give birth.
White House Deputy Chief of Staff Stephen Miller said this during his Fox News appearance:
“You can support a whole family in the third world. So yes, you can’t have the kinds of immigration programs other countries have when you can just have a baby here and now that child is an American citizen. So there’s a lot of things we’re going to have to take a hard look at.”
The link to a relied upon or quoted news source is here:
NEW MEXICO OFFICIALS REACT TO SUPREME COURT RULING
A coalition of states, including New Mexico, challenged the order in federal court. Preliminary nationwide injunctions blocked the policy from taking effect while the litigation proceeded. New Mexico Attorney General Raúl Torrez earlier joined a coalition of 24 state attorneys general and the City and County of San Francisco in filing a friend-of-the-court brief arguing that the executive order violated the 14th Amendment. The brief also argued that implementing the order would have imposed significant legal, financial and administrative burdens on states.
Attorney General Raúl Torres praised the Supreme Court decision, calling the ruling a victory for the rule of law and constitutional protections. In a statement, Torrez said this:
“Today’s decision reaffirms one of the clearest promises in the United States Constitution: if you are born on American soil, you are an American citizen. … [Trump’s executive order is] a blatant abuse of executive authority. … [The Supreme Court] reaffirmed that no president has the power to strip constitutional rights from children born in this country.”
New Mexico Speaker of the House Javier Martínez, D-Albuquerque, called the high court’s decision to uphold the constitutionality of birthright citizenship “a critical victory — not just for our immigrant communities, but for all Americans.”
U.S. Representative Gabe Vasquez, whose district includes New Mexico’s shared border with Mexico, said the ruling protects a law that “has paved the way for millions of successful, patriotic and proud American citizens — and as America charts its next 250 years, that law must continue to stand.”
U.S. Representative Teresa Leger Fernandez, D-N.M., responded to the decision on Facebook and criticized Trump and his adviser Stephen Miller for making it part of their immigration policy and she said this:
“If you are born in America, you are American. Simple constitutional concept. It should not have taken the Supreme Court this long to overturn Trump and Stephen Miller’s attempts to declare who can and cannot be citizens.”
Marcela Díaz, executive director of Somos un Pueblo Unido, an immigrant and labor rights organization said this:
“It affirms a core principle: we belong here. … “Immigrant workers are essential to New Mexico’s cultural fabric and the economy, and our children deserve full rights and opportunity. [The ruling is] a key protection for our families and communities.”
Mike Nelson, interim chair of the Republican Party of New Mexico, condemned the Republican controlled Supreme Court and said this in a statement:
“Today, the Supreme Court decision overrode the will of the American people. [Under former President Joe Biden] the Democrats let millions of illegal aliens pour through our borders exploiting the birthright loopholes, but President Trump’s victory in 2024 showed that the American people want secure borders.”
Links to quoted or relied upon news sources are here:
https://www.cbsnews.com/news/supreme-court-birthright-citizenship-trump-decision/
https://www.abqjournal.com/news/supreme-court-upholds-birthright-citizenship/3072952
COMMENTARY AND ANALYSIS
It’s delightful that the Republican United States Supreme Court ruled that the United State Constitution is indeed constitutional and this time decided not to take away any one’s constitutional rights such as a woman’s right to choose and birthright to citizenship. The United States Supreme Court ruling rejecting and striking down President Donald Trump’s executive order seeking to end birthright citizenship can only be considered the exception and not the rule of the Republican United States Supreme Court who usually roll over and giving Donald Trump everything and anything he wants to carry out his right wing agenda and the agenda of the Republican Party. The legitimacy of the Supreme Court is seriously in question given how political it has become.
Historically, Supreme Courts are referred to by the last names of the Chief Justice presiding at a given time who is appointed by the President, such as the Marshal Court, the Warren Court, the Burger Court, the Rehnquist Court and now the Roberts court. The United States Supreme Court since its very inception has been viewed with a unique sense of mystic or awe and respect because it consistently interpreted the United States Constitution as a “living, evolving document” meaning one that evolved and allowed and protected civil rights and remedies to conform with changing times, changing norms, changing viewpoints. Without such constitutional evolution, slavery would still exist in the United States, woman would not be allowed to vote, discrimination based on a person’s gender, race, color or religion would be allowed, interracial marriage would be illegal, and the doctrine of “sperate but equal” and Jim Crow laws would still be the law of the land.
Part of the greatness of the Supreme Court has always been that the public has had a tremendous respect for the Supreme Court because it has been viewed by and large as “fair and impartial” and “a political” not subservient to any president, political party, or religious philosophy beliefs. That is no longer the case. Conservative Republican Associate Supreme Court Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett were all appointed to the United States Supreme Court by President Donald Trump during his first term. Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett have joined Conservative Republican Chief Justice John G. Roberts, Jr. and Associate Justices Clarence Thomas and Samuel A. Alito, Jr. to set aside constitutional rights and civil rights and to marginalize Progressive Democratic Progressive Associate Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson.
The 6 appointed Republican Justices have had a tremendous and very negative impact on the civil rights and constitutional rights of the American people with their judicial activism and case decisions rendered ignoring and setting aside historical judicial precedent. The United State Supreme Court has issued major decisions confirming it has become a far “right wing activist court” hell bent on setting aside and destroying basic constitutional rights and protections while giving President Trump unlimited powers.
Major Supreme Court decisions based on political dogma promoting the Republican conservative agenda include striking down decades of affirmative action in college admissions, ruling that Christian business owners can discriminate and withhold services to the LGBTQ+ community based on religious grounds, invalidated President Joe Biden’s student loan debt relief plan. With the reversal of Roe v. Wade and the denial and reversal of a well settled constitutional right for a woman’s right to choose and abortion, and the decision granting President Trump broad immunity from criminal prosecutions, the United State Supreme Court has lost its legitimacy and credibility with the American people.
Given Trump’s reaction the Supreme Court ruling and telling congress to get rid of the 14th amendment and White House Deputy Chief of Staff Stephen Miller proposing to ban pregnant women from entering the U.S. after the U.S. Supreme Court upheld birthright citizenship, it’s clear President Trump White has no respect for the United States Supreme Court. It’s becoming plainly clear that neither does the public.