Supreme Court strikes down Trump executive order, upholds birthright citizenship under 14th Amendment

Jun 30, 2026

On June 30, 2026, the US Supreme Court ruled 6-3 to strike down President Donald Trump's executive order attempting to end birthright citizenship. Chief Justice John Roberts led a five-justice majority affirming that the 14th Amendment guarantees citizenship to children born in the US, even if their parents are undocumented or temporary visitors. While civil rights groups celebrated the landmark decision, Trump criticized the ruling and urged Congress to pass legislation to restrict birthright citizenship.

Supreme Court birthright citizenship ruling

▪Chief Justice John Roberts delivered the majority opinion, joined by Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson on constitutional grounds, while Justice Brett Kavanaugh concurred with the judgment based on federal statutory grounds.
▪The United States Supreme Court ruled 6-3 on June 30, 2026, to uphold birthright citizenship, striking down President Donald Trump's executive order that sought to deny citizenship to children born in the United States to parents unlawfully or temporarily present.

Trump executive order challenge

▪The American Civil Liberties Union, representing affected families in the class-action lawsuit Trump v. Barbara, argued the case before the Supreme Court in April 2026.
▪President Donald Trump signed the executive order seeking to dismantle birthright citizenship on January 20, 2025, the first day of his second term, with an intended effective date of February 19, 2025.

14th Amendment historical interpretation

▪The 14th Amendment was adopted in 1868 during the Reconstruction era to overturn the 1857 Dred Scott decision and codify the citizenship rights of Black Americans.
▪The Supreme Court's 1898 landmark ruling in United States v. Wong Kim Ark established that a child born in the United States to Chinese immigrants was a citizen under the 14th Amendment.

Civil rights group reactions

▪Democratic House Leader Hakeem Jeffries praised the decision, stating that the 14th Amendment withstood an unconstitutional attack launched by Donald Trump.
▪The American Civil Liberties Union, the NAACP, and Voto Latino celebrated the Supreme Court ruling, calling it a major victory that affirms the constitutional guarantee of birthright citizenship.

Congressional legislative pathway proposals

▪President Donald Trump and House Speaker Mike Johnson expressed disappointment in the ruling, with Trump urging Congress to immediately pass legislation to end birthright citizenship.
▪Justices Brett Kavanaugh and Samuel Alito suggested in their opinions that Congress has the authority to address or establish exceptions to birthright citizenship through federal statutory legislation.

Justice dissenting opinions

▪Justice Clarence Thomas authored a 91-page dissenting opinion, the longest of his tenure on the Supreme Court, arguing that the majority repurposed the 14th Amendment for political projects.
▪Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented from the majority, arguing that the 14th Amendment was not intended to grant citizenship to children of foreign temporary visitors or undocumented immigrants.