The United States Supreme Court has ruled that the Fourteenth Amendment guarantees birthright citizenship to children born on U.S. soil, including those whose parents are in the country unlawfully or temporarily, delivering a landmark decision that invalidates an executive order issued by President Donald Trump.
In a decision released on Tuesday, the nation's highest court held that children born in the United States to parents who are either undocumented or temporarily present are "subject to the jurisdiction" of the United States and are therefore citizens at birth under the Citizenship Clause of the Fourteenth Amendment.
The ruling came in the case of Trump, President of the United States, et al. v. Barbara et al., following legal challenges to Executive Order No. 14160, signed by President Trump on January 20, 2025.
The executive order sought to deny automatic U.S. citizenship to children born to parents who were unlawfully present in the country or were in the United States on temporary visas. The administration argued that such children were not "subject to the jurisdiction" of the United States as required by the Constitution.
However, the Supreme Court rejected that interpretation, reaffirming that the Citizenship Clause of the Fourteenth Amendment extends citizenship to virtually all individuals born on U.S. soil, regardless of their parents' immigration status.
The court emphasized that the clause must be interpreted in light of its historical context and longstanding legal precedent, including its adoption after the Civil War to overturn the infamous Dred Scott v. Sandford decision, which had denied citizenship to Black Americans.
The legal challenge was brought by several parents, some acting on behalf of their children, who argued that the executive order violated both the Fourteenth Amendment and the Immigration and Nationality Act. A federal district court had earlier certified a nationwide class of affected children and temporarily blocked enforcement of the order pending the Supreme Court's review.
With the ruling, the Supreme Court upheld the constitutional guarantee of birthright citizenship and struck down the executive order, ensuring that children born in the United States remain entitled to citizenship at birth regardless of whether their parents are undocumented or temporarily residing in the country.
The decision is expected to have far-reaching implications for U.S. immigration policy and constitutional law, reaffirming a principle that has been recognized for more than a century under the Fourteenth Amendment.
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