Lead

The US Supreme Court has rejected President Donald Trump's bid to end birthright citizenship, ruling 6-3 that children born in the United States to parents who are unlawfully or temporarily present are "citizens at birth" under the 14th Amendment. The decision, delivered on the final day of the court's term, is a major setback for one of Trump's signature immigration initiatives, but the president and his allies have vowed to continue the fight.

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The Ruling

Chief Justice John Roberts wrote the majority opinion, joined by two other conservative justices and the three liberal justices. The majority held that birthright citizenship is rooted in the US Constitution and longstanding practice dating back to English common law. "Children born in the United States to parents unlawfully or temporarily present are 'subject to the jurisdiction' of the United States and are citizens at birth under the Fourteenth Amendment's Citizenship Clause," Roberts wrote.

Three justices sided with the Trump administration, arguing that the 14th Amendment does not clearly grant the right to the children of all immigrants in the country.

The decision upholds a practice that has been in place since 1868, when the 14th Amendment was passed in the aftermath of the US Civil War. Originally intended for recently freed slaves, the amendment reads that "all persons born or naturalised, and subject to the jurisdiction thereof, are citizens of the United States."

Reactions

President Trump called the decision "too bad for our country" in a post on Truth Social. He urged Congress to pass laws restricting birthright citizenship, saying "No long and unwieldy constitutional amendment is necessary." In a later post, he wrote, "AMERICAN CITIZENSHIP IS NOT FOR SALE! In fact, that is a crime, and therefore, the Supreme Court's ruling is wrong. I will be asking for a Rehearing by the United States Supreme Court, IMMEDIATELY."

White House adviser Stephen Miller, the architect of Trump's hardline immigration approach, decried the ruling as "one of the most destructive and outrageous decisions" in the court's history. "American citizenship is not the birthright of the world," he wrote on X. "It belongs only and solely to Americans." Miller told Al Jazeera that the administration will push Congress to change the law.

Civil rights groups welcomed the decision. Cecillia Wang, an attorney for the American Civil Liberties Union who defended birthright citizenship in court, said the ruling "reaffirms a fundamental American promise — if you are born here, you are a citizen." She added, "A president cannot change the Constitution by executive fiat."

Broader Context

The ruling is part of a mixed bag of Supreme Court decisions for Trump this term. The court also struck down his reciprocal tariffs policy, upheld the Federal Reserve's independence, and blocked efforts to deploy federalised National Guard troops. However, the court granted Trump several notable victories on other issues, including backing his firings and upholding a transgender sports ban.

Experts told Al Jazeera that despite the losses, the conservative-dominated court continues to trend towards granting broad executive power. "I would not venture to psychoanalyse Trump or anyone working for him," said Frank Bowman, professor emeritus of law at the University of Missouri. "But if I were in their shoes … I would think that by and large they're going to be thinking that they're doing great."

What's Next

Trump has said he will ask the Supreme Court to rehear the case. However, the court rarely grants such requests — it has been decades since it last allowed a retrial after issuing a ruling in an argued case. Trump's appeal to Congress also faces an uphill battle, with public opinion polls showing strong support for birthright citizenship and the majority opinion suggesting a constitutional amendment would be required to change it.

Key Claims

  • The Supreme Court ruled 6-3 that children born in the US to parents unlawfully or temporarily present are "citizens at birth" under the 14th Amendment. [Multi-source, high confidence]
  • The Trump administration argued that the 14th Amendment does not clearly grant the right to the children of all immigrants in the country. [Multi-source, high confidence]
  • President Trump called the decision "too bad for our country" and urged Congress to pass laws restricting birthright citizenship. [Multi-source, high confidence]
  • White House adviser Stephen Miller said the administration will push Congress to change the law. [Single-source, high confidence]
  • Trump plans to ask the Supreme Court to rehear the case, though such requests are rarely granted. [Multi-source, high confidence]

Perspectives

  • Trump administration: Argues that birthright citizenship is not required by the Constitution and should be restricted through legislation. Stephen Miller called the ruling "one of the most destructive and outrageous decisions" in the court's history.
  • Civil rights groups: Celebrate the ruling as a reaffirmation of a fundamental American promise. Cecillia Wang of the ACLU said a president cannot change the Constitution by executive fiat.
  • Legal experts: View the decision as part of a broader trend of the Supreme Court granting broad executive power, despite the losses for Trump on marquee issues.