The U.S. Supreme Court has upheld birthright citizenship, affirming that individuals born on American soil are citizens regardless of their parents' immigration status. This landmark decision, a significant setback for former President Donald Trump's immigration agenda, reinforces a constitutional interpretation that has been in place since 1868.
In the majority opinion, Chief Justice John Roberts stated, "Citizenship, then and now, was the right to have rights - to freely participate in our political community." He further emphasized that "The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land'," and that "We keep that promise today."
Former President Trump, who had made ending birthright citizenship a key component of his immigration platform and made a rare appearance at the court for oral arguments in April, expressed his disappointment on Truth Social. He called the ruling "too bad" and asserted that Congress should "start work on ending expensive, and unfair to our country, birthright citizenship." Trump suggested that a constitutional amendment was unnecessary and that legislative action could suffice.
Three justices dissented from the ruling: Clarence Thomas, Neil Gorsuch, and Samuel Alito. Justice Thomas argued that the 14th Amendment was being "repurposed for political projects," contending that it was originally intended for freed slaves who were already Americans. Justice Alito described the decision as a "serious mistake" that grants citizenship to nearly anyone born in the country, including those who come with the sole purpose of giving birth and then leaving.
Stephen Miller, a former White House Chief of Staff and vocal proponent of stricter immigration rules, criticized the decision on X as "one of the most destructive and outrageous decisions" in the court's history. He argued that "American citizenship is not the birthright of the world" and that no constitutional provision mandates "national self-obliteration."
Conversely, immigration advocates and critics of the Trump administration celebrated the ruling. Dariely Rodriguez, chief counsel at the Lawyers' Committee for Civil Rights Under Law, stated that the decision "solidifies what we have known to be true for over a hundred years." She added, "Anyone born on American soil, regardless of the legal status of their parents, is born an American citizen." This sentiment was echoed by demonstrators who rallied in support of birthright citizenship outside the Supreme Court. The 14th Amendment to the U.S. Constitution, ratified in 1868, guarantees citizenship to all persons born or naturalized in the United States. Subsequent Supreme Court rulings have consistently upheld this principle.