Supreme Court upholds birthright citizenship in 5-4 ruling

The Supreme Court has upheld birthright citizenship, ruling that children born in the United States to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment. The 5-4 decision was authored by Chief Justice John Roberts and joined by Justice Amy Coney Barrett. The ruling marks a setback for the Trump administration's immigration agenda.

The decision came down this week in a case challenging the scope of the Citizenship Clause. Justices Samuel Alito and Clarence Thomas dissented.

Vice President JD Vance said he believes Justice Barrett made a mistake. He noted that the framers of the Fourteenth Amendment likely did not intend citizenship for children of illegal immigrants or birth tourists.

The court also issued related rulings this term that expanded presidential authority over immigration enforcement. These include limits on amnesty programs and temporary protected status for certain immigrants.

Conservative voices have criticized the birthright citizenship outcome while noting other court wins for the administration on executive power.

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Illustration of the Supreme Court upholding birthright citizenship with Chief Justice John Roberts.
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Supreme Court upholds birthright citizenship in 5-4 ruling

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The Supreme Court on Tuesday blocked President Donald Trump’s executive order restricting birthright citizenship. The 5–4 decision held that the 14th Amendment guarantees citizenship to children born in the United States. Chief Justice John Roberts wrote the majority opinion.

Cecillia Wang, the American Civil Liberties Union’s national legal director, argued before the Supreme Court on April 1, 2026, urging the justices to preserve birthright citizenship under the 14th Amendment’s Citizenship Clause.

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The Supreme Court is set to issue rulings in nearly two dozen cases over the next few weeks, including several high-stakes matters involving immigration and presidential authority.

Justice Sonia Sotomayor publicly criticized colleague Brett Kavanaugh's understanding of immigration detentions during a speech at the University of Kansas. She highlighted his privileged background in relation to his opinion allowing stops based partly on apparent ethnicity. The remarks come amid a new lawsuit challenging such practices.

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The Supreme Court announced Monday that it will hear a case next term on whether Immigration and Customs Enforcement can hold lawful permanent residents indefinitely without bond hearings.

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