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NewsNBC Miami 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 executive order 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 in the U.S., regardless of their parents' legal status.
  • The ruling invalidates an executive order signed by President Trump in January 2025.
  • Justice Brett Kavanaugh joined the majority to strike down the order but suggested Congress could potentially 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 14th Amendment (ratified 1868) and the 1898 Supreme Court precedent in Wong Kim Ark.
  • Approximately 250,000 babies born in the U.S. annually would have been affected by the executive order.
  • The order would have applied to children of individuals in the U.S. both illegally and legally, including students and green card applicants.

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