In a 5-4 decision, the Supreme Court ruled that children born in the United States to parents who are unlawfully or temporarily in the country are citizens under the Fourteenth Amendment.
TRENTON, NJ – The U.S. Supreme Court ruled Tuesday that the Constitution guarantees birthright citizenship to children born in the United States, rejecting President Donald Trump’s executive order that sought to deny citizenship to children whose parents were in the country unlawfully or temporarily.
The decision is being hailed as a victory for New Jersey Democrats.
“No President, including Donald Trump, has the power to unilaterally change our constitution and strip away the birthright citizenship defined within it,” Senator Andy Kim said. “And today, the Supreme Court said that no president can. The Constitution says, if you’re born in America, you’re an American.”
Chief Justice John Roberts wrote the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson. The Court held that children born in the United States to parents who are unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment.
New Jersey Attorney General Jennifer Davenport wrote, “We are thrilled the U.S. Supreme Court has invalidated President Trump’s birthright citizenship order. From the very first day of President Trump’s second term, New Jersey, our multistate partners, and birthright citizens and their attorneys have fought day and night against this flagrantly unlawful executive order. The President cannot change our citizenship laws with the stroke of a pen. We stood up for the rule of law, we stood up for our residents, and we won.”
Court cites history of the Citizenship Clause
The case challenged Executive Order 14160, signed by President Trump on Jan. 20, 2025. The order argued that children born to parents who were unlawfully or temporarily present in the United States were not entitled to automatic citizenship because they were not “subject to the jurisdiction” of the United States.
Roberts rejected that argument, writing that the Citizenship Clause must be interpreted in light of English common law, the history of the Fourteenth Amendment and the Court’s landmark 1898 decision in United States v. Wong Kim Ark. The majority concluded that the Constitution guarantees citizenship to nearly all children born on U.S. soil, with only narrow historical exceptions such as children of foreign diplomats.
Executive order blocked
The Court affirmed a lower court ruling that blocked enforcement of the executive order, allowing the nationwide injunction against the policy to remain in place.
Justice Brett Kavanaugh agreed the executive order could not take effect because it conflicted with existing federal law, but argued Congress could change the law through legislation. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, arguing the Fourteenth Amendment protects citizenship only for those domiciled in the United States. Justice Samuel Alito and Justice Gorsuch also filed separate dissents.
The ruling preserves the long-standing interpretation of the Citizenship Clause and leaves any broader changes to birthright citizenship to Congress or a constitutional amendment.
Key Points
- The U.S. Supreme Court ruled that children born in the United States to parents who are unlawfully or temporarily present are U.S. citizens under the Fourteenth Amendment.
- The decision strikes down President Trump’s executive order restricting birthright citizenship.
- Chief Justice John Roberts wrote the 5-4 majority opinion, relying on the Constitution’s text, history and longstanding Supreme Court precedent.
Related: U.S. Supreme Court, Donald Trump, Birthright Citizenship, Fourteenth Amendment, John Roberts, United States v. Wong Kim Ark
