Former President Donald Trump announced Wednesday that he will immediately ask the Supreme Court to rehear its recent decision that upheld birthright citizenship. Trump described the 6-3 ruling as "absolutely insane" and a "miscarriage of justice" that would "destroy America" if not overturned.
In a social media post, Trump claimed the decision was already being exploited, citing signs and billboards reportedly appearing along the U.S. southern border and in Mexico advertising "birthright citizenship" with prices as low as $4,000. He alleged that "billions of dollars will be illegally made by this SCAM."
The Supreme Court's decision, issued on the final day of its session, affirmed that all children born on U.S. soil to parents who are unlawfully or temporarily present in the country are citizens at birth, as per the 14th Amendment. Chief Justice John Roberts authored the majority opinion.
While the ruling stands, the losing party has the option to file a petition for a rehearing within 25 days. Such a rehearing would require a majority of the justices to agree to consider the case again. Some conservatives have suggested that a constitutional amendment might be necessary to alter the interpretation of birthright citizenship, while others have noted that Justice Brett Kavanaugh, who sided with the majority, indicated in a concurring opinion that while Trump's executive order was flawed, Congress could legislate on the matter.
House Speaker Mike Johnson has stated that Republicans are exploring legislative avenues, but no concrete progress has been publicly announced since the ruling.
Homeland Security Secretary Markwayne Mullin had previously voiced strong opposition to the Supreme Court's decision, characterizing it as "dead wrong." Mullin highlighted national security concerns related to "birth tourism," particularly from China, and argued that foreign nationals were exploiting the system to gain citizenship, thereby compromising U.S. security. The Texas Department of Public Safety initiated an investigation after a hospital in Mexico reportedly advertised "birth packages" promising U.S. citizenship, with officials stating that "citizenship is not for sale."
