In a closely divided 5-4 decision, the Supreme Court of the United States on June 30 (IST) struck down President Donald Trump's executive order seeking to deny birthright citizenship to children born in the United States to undocumented immigrants, reaffirming the constitutional protections enshrined in the Fourteenth Amendment to the United States Constitution.
The ruling reinforces more than 150 years of legal precedent established since the Fourteenth Amendment was ratified in 1868, preserving the principle that all individuals born on U.S. soil are citizens at birth.
Chief Justice John Roberts stated that children born in the United States to undocumented immigrants fall within the scope of the Constitution's Citizenship Clause.
"Those children are thus subject to the jurisdiction of the United States. They satisfy both elements of the Citizenship Clause: they are 'born . . . in the United States' and 'subject to the jurisdiction thereof.' Under the Constitution, they are citizens at birth," Roberts wrote.
Roberts was joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson.
Justice Brett Kavanaugh concurred in part with the judgment while also dissenting in part. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
The decision marks a significant constitutional setback for the Trump administration's efforts to restrict birthright citizenship through executive action and reaffirms the long-standing interpretation of the Fourteenth Amendment's Citizenship Clause.
What is US birthright citizenship?
US birthright citizenship is the constitutional principle that says anyone born on American soil automatically becomes a US citizen at birth, regardless of their parents' immigration status. This right is guaranteed by the Citizenship Clause of the Fourteenth Amendment, ratified in 1868.
The amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Over the years, US courts have consistently interpreted this provision to include children born in the country to undocumented immigrants, with limited exceptions such as children of foreign diplomats, who are not subject to US jurisdiction in the same way.
Birthright citizenship grants individuals full constitutional rights and responsibilities as US citizens from birth, including the right to obtain a US passport, vote upon reaching the eligible age, and live and work in the country without immigration restrictions.
The principle has remained a cornerstone of US constitutional law for more than 150 years.
