The Supreme Court has upheld birthright citizenship in a 6-3 decision in the case of Trump v. Barbara, reaffirming that individuals born within the United States are citizens under the Fourteenth Amendment. This ruling rejected an executive order from the Trump administration that sought to limit the application of birthright citizenship.
The majority opinion, joined by Justices Brett Kavanaugh and Amy Coney Barrett along with Chief Justice John Roberts Jr. and the court's three liberal justices, affirmed over a century of legal precedent. However, three conservative justices dissented, arguing the decision has significant national security and sovereignty implications.
Justice Samuel Alito, in his dissent, warned of potential national security risks, citing hypothetical scenarios involving children born in the U.S. to foreign mothers or undocumented immigrants, suggesting such a ruling could incentivize illegal immigration. He argued that the decision potentially offers a "powerful incentive" for illegal entry and could impact the nation's future.
Critics of the ruling expressed strong opposition, with some labeling the decision "destructive" and "outrageous." Stephen Miller, a White House advisor, stated that "American citizenship is not the birthright of the world. It belongs only and solely to Americans." Concerns were raised about the potential for increased "birth tourism" and the subsequent enfranchisement of children born to non-citizens who may not reside in the U.S. long-term.
In response to the ruling, Sen. Eric Schmitt, R-Mo., and Rep. Clay Fuller, R-Ga., have proposed introducing legislation for a constitutional amendment to address birthright citizenship. Schmitt stated, "If we can't fix it with ordinary legislation, then we must do what the Constitution commands in moments of national crisis: We must amend the Constitution and restore American citizenship." Fuller echoed this sentiment, announcing his intention to introduce a corresponding House resolution.
The case originated from a challenge to President Donald Trump's executive order. The court's majority, however, found that Trump's order violated federal law that aligns with the spirit of the Fourteenth Amendment, according to Kavanaugh's concurring opinion.
Supporters of the ruling, including Sen. Alex Padilla, D-Calif., and New York Gov. Kathy Hochul, celebrated the decision. Padilla emphasized that the Constitution is clear: those born in the U.S. are citizens. Hochul, whose own family has immigrant roots, expressed her support for those seeking the promise of America, referencing the Statue of Liberty.
Former law professor John Eastman supported the dissents from Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, describing their opinions as "strong, and in my view, correct." Turning Point USA spokesman Andrew Kolvet suggested that a willingness to overturn this decision could become a "litmus test for every new Supreme Court justice."