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Supreme Court Upholds Broad Birthright Citizenship, Rejecting Trump Order; Thomas, Alito Issue Sharp Dissents

Дата публикации: 30-06-2026 21:50:01

WASHINGTON D.C (VINnews) – The U.S. Supreme Court on Tuesday struck down President Donald Trump’s executive order limiting birthright citizenship, ruling 6-3 that the 14th Amendment guarantees automatic citizenship to nearly all children born on U.S. soil regardless of their parents’ immigration status. Chief Justice John Roberts wrote for the majority, joined by the court’s […]

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WASHINGTON D.C (VINnews) – The U.S. Supreme Court on Tuesday struck down President Donald Trump’s executive order limiting birthright citizenship, ruling 6-3 that the 14th Amendment guarantees automatic citizenship to nearly all children born on U.S. soil regardless of their parents’ immigration status.

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Chief Justice John Roberts wrote for the majority, joined by the court’s three liberal justices and Justice Amy Coney Barrett. Justice Brett Kavanaugh concurred in the judgment but on different grounds, citing federal law.

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Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, arguing the 14th Amendment’s Citizenship Clause does not extend to children of illegal immigrants or temporary visitors.

In a 91-page dissent joined by Gorsuch, Thomas criticized the majority for devaluing American citizenship.

“I am not sure that today’s opinion will stand the test of time,” Thomas wrote. “The citizenship clause added greatly to the dignity and glory of American citizenship. Today’s opinion devalues that citizenship.”

Thomas argued the clause was intended primarily for freed slaves and those domiciled in the U.S., not children of those without permanent ties. He described the ruling as an “extraordinary step” in holding the president’s order unconstitutional.

Alito, in a separate dissent, highlighted potential national security concerns with the majority’s interpretation.

“Suppose that a person’s only connection to this country is that he was born here to a mother who was present just long enough to give birth and then quickly returned to a native country,” Alito wrote. “Suppose that country is a strategic adversary or enemy of the United States. Suppose the child never visited the United States while growing up and was inculcated with hatred of this country. According to this court, now that person is a citizen of the United States.”

The case centered on Trump’s Day One executive order seeking to exclude from citizenship children born in the U.S. to undocumented immigrants or those on temporary visas. The majority held that such children are “subject to the jurisdiction” of the United States under the 14th Amendment.

Roberts emphasized the amendment’s promise: “Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”

The decision comes amid ongoing debates over immigration, border security and “birth tourism.” Trump and supporters have called for congressional action to address the issue.

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