The Supreme Court ruled Tuesday that President Donald Trump’s executive order on birthright citizenship was unconstitutional.
Trump attended the high court’s oral arguments about the case, Trump v. Barbara, on April 1, marking the first time the president of the United States had ever done so. Prior to the justices ruling striking down Trump’s birthright citizenship order, some signaled during April’s oral arguments that they were skeptical about whether Trump had the power to end birthright citizenship through an executive order. (RELATED: Supreme Court Puts Stake Through Heart Of ‘Vampire Law’ Targeting Gun Owners)
WASHINGTON, DC – MAY 4: The U.S. Supreme Court building on May 4, 2026 in Washington, DC. (Photo by Andrew Harnik/Getty Images)
Trump issued his executive order ending birthright citizenship on Jan. 20, 2025, within hours of being inaugurated for his second term. The order was initially blocked through a series of nationwide injunctions, leading to a 2025 case before the Supreme Court in which the justices reined the practice in.
During oral arguments, Chief Justice John Roberts noted that despite the changes, “it’s the same Constitution,” while Associate Justice Brett Kavanaugh questioned the Trump administration citing how foreign countries handled citizenship.
Trump issued executive orders to address illegal immigration and border security aside from the birthright citizenship order on the first day of his second term, one of which designated Mexican drug cartels, the Venezuelan prison gang Tren de Aragua and the El Salvadoran prison gang MS-13 as foreign terrorist organizations.
The Supreme Court sided with the Trump administration on two other immigration cases Thursday, one involving asylum applications, the other on Temporary Protected Status (TPS).
As many as 250,000 children were born to illegal immigrants in the United States in 2023, according to a study by the Center for Immigration Studies, while another 70,000 were born to temporary visitors to the country. In February 2025, Republican Wisconsin Rep. Tom Tiffany warned then-Secretary of Homeland Security Kristi Noem that Chinese tourists were traveling to the Commonwealth of the Northern Mariana Islands to give birth and secure American citizenship for their children.
The White House did not immediately respond to a request for comment on the Supreme Court decision.
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