In a major decision Friday, the U.S. Supreme Court handed President Donald Trump a legal win that could pave the way for ending birthright citizenship — a right that has stood for more than a century.
By a 6-3 vote, the Court allowed Trump’s executive order on birthright citizenship to move forward in parts of the country, even though lawsuits challenging it are still ongoing. The ruling blocks lower courts from stopping the policy nationwide, meaning states that didn’t sue can begin enforcing Trump’s order immediately.
The consequences could be sweeping. Under this decision, a child born in the U.S. to noncitizen parents may no longer be recognized as a citizen once they leave certain states.
Justice Sonia Sotomayor issued a sharp dissent, warning of what this ruling could mean for the future of constitutional rights. “No right is safe in the new legal regime the Court creates,” she wrote. “Today the threat is to birthright citizenship. Tomorrow a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship.” She added, “With the stroke of a pen, the President has made a solemn mockery of our Constitution.”
The Court’s majority did not directly address the 14th Amendment or Trump’s claim that children of undocumented immigrants are not guaranteed citizenship. It also ignored the landmark 1898 ruling in U.S. v. Wong Kim Ark, which confirmed that children born on U.S. soil — regardless of their parents’ status — are American citizens.
Instead, the Court sided with arguments made by Solicitor General D. John Sauer, who said lower courts should not have the power to block federal policies across the country. The Trump administration argued that only the person or state suing should get relief — not the entire nation.
This fight isn’t over. The lawsuits challenging Trump’s order are still moving through the courts. But Friday’s ruling is a clear signal: The highest court in the land is willing to limit the power of lower courts — and leave key constitutional rights hanging in the balance.
The states that sued to stop Trump’s executive order include California, New York, Massachusetts, Michigan, and more than a dozen others. But for now, outside those states, Trump’s order stands.
