Birthright citizenship upheld

Individuals born in the United States are United States citizens. 

That’s what is explicitly outlined in the 14th Amendment of the U.S. Constitution and that’s what the Supreme Court affirmed this morning. The affirmation, a 6-3 ruling, strikes down a President Trump executive order that effectively tried to end what is known as birthright citizenship. 

“If you're born in America, you're an American. The 14th Amendment is a fundamental promise in our Constitution – and with today's Supreme Court decision, it isn't going anywhere,” wrote Rep. Betty McCollum (D), Minnesota’s 4th District congresswoman. “This is a victory for equal rights and the American Dream.” 

Sen. Tina Smith echoed those remarks.

“The Constitution means what it says: Children born in the United States are citizens of the United States. The promise and privilege of American citizenship extends to every child born in our jurisdiction, and those children deserve just as much of a shot at the American dream as those whose families have been here for generations. No xenophobic Executive Order can undo that,” said Smith. “Minnesota’s immigrant families have been reckoning with an Administration hellbent on denying their rights and their dignity, but today’s ruling is a victory for the rule of law and continues our longstanding history as a nation of immigrants.”

 The attempt to end birthright citizenship is part of the administration’s broader attack on immigration that has dominated much of Trump’s second presidency. The executive order calling for a ban of birthright citizenship was signed on Trump’s first day back in office in January of 2025. 

“This historic decision reaffirms that the Constitution – not the president – defines who gets to be a citizen,” said the ACLU in a statement. “Millions of Americans believe in the promise of the 14th Amendment: If you are born here, you are a citizen. With this decision, the court closed the door on President Trump's attempt to undermine the 14th Amendment and preserved the very fabric of this nation.” 

The statement went further in calling out the administration’s attempt to reverse the constitutional amendment. 

“Babies and families across the U.S. will be spared from further chaos and cruelty,” read the ACLU statement. 

The 14th Amendment – a direct response to the end of slavery in the U.S. – explicitly states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” 

House Speaker Mike Johnson (R-La.) said he would consider bringing forth proposed legislation to circumvent the court’s decision, but the likelihood of such a proposal getting through the House seems unlikely, with Republicans holding only a small majority going into the highly contested November midterm elections. 

Editor's Note: This article was updated to include comment from Sen. Tina Smith.

Among the three justices to vote in favor of ending birthright citizenship was Justice Clarence Thomas (second from the left, bottom), the second Black person to serve on the high court. Thomas was joined in dissent by Justices Samuel Alito (second from right, bottom) and Neil Gorsuch (second from left, top). Photo: Collection of the Supreme Court of the United States