The U.S. Supreme Court has handed down another major setback to President Donald Trump, ruling that his effort to end birthright citizenship cannot stand. In a 6 to 3 decision in Trump v. Barbara, the Court reaffirmed that the 14th Amendment guarantees citizenship to nearly every child born on American soil, including children whose parents are undocumented immigrants or are living in the country temporarily.
The ruling blocks Executive Order No. 14160, which directed federal agencies to deny citizenship to U.S.-born children if neither parent was a U.S. citizen or lawful permanent resident.
Chief Justice John Roberts authored the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson. Justice Brett Kavanaugh agreed with the outcome but wrote separately, concluding the executive order conflicted with federal law. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, backing the Trump administration’s interpretation of the Constitution.
The Court determined that children born in the United States to parents who are unlawfully or temporarily present remain “subject to the jurisdiction” of the United States under the Citizenship Clause. Roberts also wrote there was “scant evidence” supporting the administration’s “dramatically revisionist view” of the law, pointing to the longstanding legal precedent established by the 1898 United States v. Wong Kim Ark decision.
Roberts further emphasized that the 14th Amendment was adopted after the Civil War to guarantee those born in the United States the “right to have rights” and full participation in the nation’s political community.
The decision carries significant policy implications. Researchers estimated the executive order could have stripped automatic citizenship from roughly 250,000 babies born in the United States each year. It also marks the third major Supreme Court loss for Trump’s second-term agenda, following decisions involving his tariff policy and a dispute over the Federal Reserve. The case drew unusual attention after Trump became the first sitting president to attend Supreme Court oral arguments in person during April.