On Tuesday, June 30, 2026, the Supreme Court rejected President Donald Trump’s executive order to end birthright citizenship, finding it to be unlawful and a violation of the long-standing understandings of the 14th Amendment.
The executive order was initially filed by President Donald Trump on January 20, 2025, the first day of his second presidential term, as part of his administration’s broad immigration crackdown. It argued that under the terms of the 14th Amendment, birthright citizenship should not be granted to children born to those who are illegally residing in the United States or hold temporary immigration status, such as non-immigrant visa holders.
What is the Argument Over the 14th Amendment?
Ratified in 1868 after the Civil War, this historic and influential Amendment states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” establishing birthright citizenship and guaranteeing all Americans equal protection under the law. President Trump’s argument relied on the wording “subject to the jurisdiction thereof,” reasoning that children of undocumented immigrants or temporary residents do not owe complete “allegiance” to the United States, and are therefore not “subject to the jurisdiction.” Furthermore, his administration argued that the Amendment was to apply only to former slaves, an interpretation that was not adopted in the past 160 years.
The executive order had been tied up in litigation after several lower courts blocked it and multiple states filed lawsuits challenging it. On December 5, 2025, the Supreme Court decided to review the executive order.
In the 6-3 ruling, authored by Chief Justice John Roberts, Justices Sotomayor, Kagan, Barrett, Jackson, and Kavanaugh, voted to reject the order. Justices Thomas, Alito, and Gorsuch voted in favor of the order, agreeing with the administration’s reinterpretation of the phrase “subject to the jurisdiction thereof.” This ruling was monumental for many immigrant families, upholding that the Constitution grants automatic citizenship to children born in the United States. deportations.
Contact a U.S. Citizenship Attorney Today
Reeves Immigration Law Group has served immigrants and their loved ones for over 40 years, achieving success in the most complex of cases. With a wealth of experience and knowledge, our U.S. Citizenship attorneys are here to help you achieve your desired legal results and needs.
We understand that with consistently changing legislation, it is challenging to know what the best next steps are. Contact us today to speak with our skilled U.S. Citizenship attorneys about your specific concerns or questions. We promise to stand by your side because we believe in making a difference in the lives of others and our community.
