Trump's bid to restrict birthright citizenship founders at US Supreme Court

The United States Supreme Court on Tuesday overturned an executive order by President Donald Trump that limited citizenship for individuals born within US territory, with Chief Justice John Roberts affirming that all children born in the US are constitutionally protected.

In the case of Trump v. Barbara, the Supreme Court justices adjudicated a lawsuit against the executive order established in 2025.

The Trump administration argued that children of temporary visa holders and illegal immigrants should not be protected by the citizenship clause under the 14th Amendment of the US Constitution. They claimed that the current interpretation of the clause encourages illegal immigration.

Chief Justice Roberts delivered the majority opinion, joined by Justices Sonia Sotomaylar, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson.

Roberts concluded that children born to parents in the US, whether their status is illegal or temporary, remain “born in the United States” and are “subject to the jurisdiction thereof.”

“According to the US Constitution, they are US citizens from birth,” said Roberts.

He described citizenship as the most fundamental right “to have rights” and to participate in political activities.

“The framers of the 14th Amendment made that promise to ‘all persons born free in this land.’ We will uphold that promise,” Roberts stated, adding further weight to the decision.

Justice Brett Kavanaugh issued a partial dissenting opinion, while Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch provided full dissenting opinions.

For over a century, the phrase “subject to the jurisdiction thereof” has been understood to grant citizenship to everyone born within US territory. Consequently, the US Supreme Court’s decision to overturn the restrictions ensures that this legal principle remains in effect.

The Trump administration has not yet issued a response to the ruling from the US highest court.