Washington, DC, July 1 (ANI): In a landmark decision with far-reaching implications for US immigration policy, the US Supreme Court on Tuesday struck down President Donald Trump’s executive order seeking to end automatic birthright citizenship for children born in the United States to parents who are unlawfully or temporarily present in the country.

In a 6-3 ruling, the nation’s highest court reaffirmed that the Citizenship Clause of the Fourteenth Amendment guarantees citizenship to virtually all children born on US soil, regardless of the immigration status of their parents. The judgment represents one of the most significant legal setbacks for President Trump since returning to office and effectively blocks one of the cornerstone immigration measures of his second-term agenda.

Writing for the majority, John Roberts emphasised that birthright citizenship has long been a fundamental constitutional guarantee.

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

The Court relied heavily on its landmark 1898 decision in United States v. Wong Kim Ark, which established that children born in the United States to foreign parents are American citizens by birth under the Fourteenth Amendment. The ruling has served as the constitutional foundation for birthright citizenship for more than a century.

Trump Administration’s Argument Rejected

During the case, attorneys representing the Trump administration argued that the Fourteenth Amendment was never intended to grant citizenship automatically to children born to parents who are in the United States illegally or only temporarily. They contended that the amendment requires an individual to be domiciled in the United States—or to have the intention of remaining permanently—before birthright citizenship can apply.

The Supreme Court rejected that interpretation, concluding that both the Constitution and longstanding legal precedent protect the citizenship rights of children born within the United States.

The decision means that children born in the United States to undocumented immigrants, temporary workers, foreign students, tourists and other non-permanent residents will continue to receive automatic US citizenship at birth.

Conservative Justices Dissent

The Court’s conservative wing was divided over the case.

Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented from the majority opinion.

Meanwhile, Brett M. Kavanaugh sided with the majority in striking down Trump’s executive order, although he clarified that his opinion rested primarily on federal statutory law rather than a direct constitutional interpretation.

Major Setback for Trump’s Immigration Agenda

The ruling marks a significant political and legal defeat for President Trump, who campaigned heavily on tightening immigration laws during both his presidential campaigns.

Ending what Trump has repeatedly described as “birth tourism” and restricting automatic citizenship for children born to non-citizens were among the signature promises of his second administration. The executive order was intended to discourage individuals from travelling to the United States solely to give birth so that their children could obtain American citizenship.

Earlier this year, Trump had warned that a court decision against his administration on birthright citizenship, coupled with earlier setbacks over tariff policies, would not be “economically sustainable” for the United States.

Following Tuesday’s ruling, the President sharply criticised the Court on his Truth Social platform.

Taking a swipe at the decision, Trump sarcastically wrote:

“I would like to congratulate President Xi, and the Great Country of China, on their massive Birthright Citizenship Win!”

The President suggested that the ruling would encourage more foreign nationals, particularly from China, to travel to the United States for the purpose of giving birth and securing citizenship for their children.

House Speaker Expresses Disappointment

Reacting to the judgment during a press conference, Mike Johnson said he was deeply disappointed by the Court’s decision and warned that it would create long-term challenges for the country.

“I think it subjects the country to serious challenges going forward, and we’ll have to deal with it as a Congress,” Johnson said.

The House Speaker argued that birthright citizenship has been “grossly abused” through what is commonly referred to as birth tourism, where foreign nationals travel to the United States specifically to have children who automatically become American citizens.

Johnson further maintained that the original purpose of the Fourteenth Amendment had been distorted over time.

“It’s one of those things that was intended to serve a noble and important purpose and has been thwarted and overused and abused,” he said.

He acknowledged, however, that changing the constitutional provision would require a constitutional amendment—a difficult process requiring approval by two-thirds of both houses of Congress and ratification by three-fourths of the US states.

Civil Rights Groups Welcome Decision

Immigrant rights advocates and civil rights organisations hailed the Supreme Court’s decision as a major victory for constitutional protections and immigrant families.

Deborah Fleischaker, a former Homeland Security official who now works with the Latino advocacy organisation UnidosUS, described the ruling as “a huge relief,” saying it preserves long-established constitutional rights for millions of families across the country.

Advocates argued that overturning birthright citizenship would have created widespread legal uncertainty and potentially left thousands of children born in the United States without clear citizenship status.

Constitutional Principle Reaffirmed

The Fourteenth Amendment, ratified in 1868 following the American Civil War, declares that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The amendment was originally adopted to guarantee citizenship to formerly enslaved people but has since served as the constitutional basis for birthright citizenship.

By reaffirming this principle, the Supreme Court preserved more than a century of constitutional interpretation and legal precedent, ensuring that birthright citizenship remains intact despite renewed political efforts to restrict it.

The ruling is expected to have lasting implications for immigration policy and constitutional law in the United States and represents one of the most consequential Supreme Court decisions of President Trump’s second term. (ANI)

‘Historic victory for American Dream’: Former WH advisor hails SC ruling on birthright citizenship

By Reena Bhardwaj

Washington DC [US], June 30 (ANI): Ajay Bhutoria, former White House advisor to former President Joe Biden, on Tuesday hailed the decision by the US Supreme Court to uphold birthright citizenship, underlining how it upholds the American dream and a promise to the South Asian diaspora and millions of immigrant families who have contributed to nation-building.

His remarks come as the US Supreme Court on Tuesday struck down President Donald Trump’s executive order and upheld birthright citizenship for all children born in the United States. American broadcaster CNN shared the court document, which mentioned that children born in the United States to parents who are unlawfully or temporarily present in the country are entitled to automatic US citizenship under the Citizenship Clause of the Fourteenth Amendment.

Bhutoria, who is also an immigration advocate, said, “The Supreme Court’s decision to uphold birthright citizenship is a historic victory for justice, the U.S. Constitution, and the American Dream. By protecting the 14th Amendment, the Court has rejected a harmful attempt to create a tiered system of citizenship and strip rights from children born on U.S. soil.”

Bhutoria said that they look forward towards celebrating 250 years of America; the ruling reaffirms the foundational promise, “That has made our nation a beacon of freedom and opportunity for two and a half centuries.”He underlined how the South Asian diaspora and millions of immigrant families have contributed to the nation-building of the United States and that the ruling reaffirms America as the land of “equal opportunity.”

“For decades, the South Asian diaspora and millions of immigrant families have contributed to the fabric, economy, and culture of this nation…This ruling ensures that America remains a land of equal opportunity where a child’s future is not determined by their parents’ immigration status.”The Court also relied on its earlier ruling in United States v. Wong Kim Ark, which established that children born in the US to foreign parents are entitled to birthright citizenship.

The New York Times reported that civil rights groups on Tuesday rejoiced as the Supreme Court struck down the Trump administration’s executive order. Deborah Fleischaker, a former Homeland Security official now with the Latino group UnidosUS, called it “a huge relief.” CNN mentioned that one of the main arguments that President Donald Trump’s attorneys had raised was that the 14th Amendment required people to be domiciled — or with the intention of remaining — in the United States before being entitled to birthright citizenship.

On the hearing, the American broadcaster reported that Chief Justice John Roberts said, “Citizenship, then and now, was the right to have rights — to freely participate in our political community,” Roberts wrote for the court. “The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”The major blow to Trump comes as one of the key issues on which he ran for the 2nd term was towards ending “birth tourism”, with Trump 2.0 coming down heavily on both legal and illegal immigration. (ANI)

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