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A major blow to Trump's anti-immigration stance! The U.S. Supreme Court rejects "ending birthright citizenship".
The U.S. Supreme Court ruled 6-3 on Tuesday to strike down President Trump's executive order restricting birthright citizenship, a direct blow to his immigration agenda.
The 14th Amendment to the U.S. Constitution clearly states that all persons born or naturalized in the United States are citizens. Trump signed the executive order on his first day of his second term, attempting to limit this right to newborns whose parents are U.S. citizens or lawful permanent residents. The Supreme Court ruled on Tuesday that the order was unconstitutional and struck it down.
Chief Justice John Roberts wrote in the majority opinion: "Citizenship, past and present, is the right to have rights — the right to freely participate in our political community. The framers of the 14th Amendment extended this promise to 'every free person born on this soil.' Today we fulfill that promise."
Trump expressed dissatisfaction with the ruling, posting on his Truth Social platform that the decision is "terrible for our country" and urging Congress to end birthright citizenship through legislation. "Congress should start today to end this costly and unfair birthright citizenship for our country."
Division within the Ruling: Fractures in the Conservative Bloc
The ruling was not monolithic. Trump-appointed conservative Justice Amy Coney Barrett joined the three liberal justices in Roberts' majority opinion.
Another Trump appointee, Justice Brett Kavanaugh, while not agreeing with the characterization that the executive order was unconstitutional, concurred in the judgment based on different legal reasoning.
The three dissenting justices were clear in their positions. Justice Clarence Thomas, in a dissent joined by Justice Neil Gorsuch, said the ruling "trivializes" U.S. citizenship; Justice Samuel Alito called it a "serious mistake" and warned that the Court's interpretation "preserves a powerful incentive" for more people to enter or remain in the country illegally.
Core of the Dispute: The Century-Long Debate Over a Single Phrase
The legal dispute in this case centers on a phrase in the 14th Amendment — that citizenship extends to all persons "subject to the jurisdiction" of the United States.
For a long time, this phrase has been widely interpreted as applying to nearly everyone born in the United States. But the Trump administration took a starkly different stance.
U.S. Solicitor General John Sauer argued during the trial that the amendment's original intent was to grant citizenship to former slaves, not to children of visa holders or undocumented immigrants. He claimed that a "misreading" of the clause had resulted in hundreds of thousands of people who were not eligible obtaining U.S. nationality.
Lawyers representing the suing parents countered that accepting the government's position would "overturn a long-established constitutional provision." This constitutional principle has been in place since the Civil War, and it has been over 125 years since the last relevant Supreme Court ruling, having faced almost no challenge before.
Trump's String of Losses and Subsequent Actions
According to the Financial Times, this ruling is another major setback for Trump at the Supreme Court in recent times. In February, the Court struck down the main body of his broad tariff measures.
On Monday, the Supreme Court also rejected Trump's attempt to fire Federal Reserve Board member Lisa Cook, although on the same day it upheld in another case the president's power to expand his authority to fire officials at federal agencies.
Notably, Trump himself attended the April oral argument, becoming the first sitting president to attend a Supreme Court trial, underscoring the importance he placed on the case.
After the ruling was announced, the Department of Justice immediately issued a memo announcing that it would prioritize investigating so-called "birth tourism" — cases where people enter the U.S. under "false pretenses" to obtain citizenship for their children.
House Minority Leader, Democrat Hakeem Jeffries, welcomed the ruling, saying it proved that Trump's "shameful conduct" on birthright citizenship was "clearly illegal and an assault on our way of life."
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