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NewsNBC Chicago – PoliticsJune 30, 2026United States

Supreme Court Rules Birthright Citizenship Remains Constitutional

The Supreme Court struck down a Trump administration executive order that sought to end birthright citizenship for children born to parents in the U.S. unlawfully or temporarily. The 6-3 ruling affirmed that the 14th Amendment guarantees citizenship to anyone born on U.S. soil, with very limited exceptions.

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Why It Matters

The ruling maintains the current legal status of children born in the U.S. to non-citizen parents, preventing the implementation of an that would have denied them automatic citizenship.

Key Facts

  • The Supreme Court ruled 6-3 that the executive order limiting birthright citizenship is unconstitutional.
  • The Court held that the 14th Amendment guarantees citizenship to children born on U.S. soil, regardless of parental immigration status.
  • The executive order was signed by President Trump on his first day of his second term in January 2025.
  • The ruling affects more than 250,000 babies born in the U.S. annually, including children of those legally in the country on student or green card visas.
  • Justice Brett Kavanaugh joined the majority to strike down the order but suggested Congress could create exceptions through new legislation.
  • Justices Thomas, Gorsuch, and Alito dissented from the majority opinion.
  • Justice Thomas wrote a 91-page dissent arguing the 14th Amendment was intended only to secure rights for freed Black people.
  • The ruling relies on the 1898 Supreme Court precedent in Wong Kim Ark.
  • The 14th Amendment was ratified in 1868.
  • Federal law since 1940 has conferred citizenship on those born on American soil, with exceptions for diplomats and occupying forces.

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