U.S. Supreme Court Rules Presidential Executive Order restricting birthright citizenship unlawful

July 01, 2026. 11:30 • 2 min

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U.S. Supreme Court Rules Presidential Executive Order restricting birthright citizenship unlawful

WASHINGTON, July 1. /Dunyo IA/.  U.S. Supreme Court has recognized as unlawful the executive order of President Donald Trump restricting the right to the automatic granting of American citizenship to children born on the territory of the country, reports Dunyo IA correspondent.

The decision was made by a majority vote - six justices voted to overturn the document, and three voted against. The ruling was based on the 14th Amendment to the US Constitution, adopted in 1868 after the end of the Civil War. It establishes that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the country.

Donald Trump signed an executive order on January 20, 2025, his first day in office, stipulating that birthright citizenship does not apply to children of mothers in the United States unlawfully or without permanent residency status. This order restricts the interpretation of citizenship for those born to non-permanent residents.

Initially, three federal judges attempted to block the presidential executive order from taking effect, but their decisions were overturned by the Supreme Court in June 2025. At that time, the US President called the ruling a “monumental victory”.

However, this time, Chief Justice John Roberts stated that the 14th Amendment to the Constitution guarantees the right to citizenship for every person born in the U.S., emphasizing that the court reaffirmed the validity of this legal principle.

Justice Clarence Thomas issued a dissenting opinion, characterizing the decision as “extraordinary”. In his view, the original intent of the 14th Amendment was to guarantee equal rights to emancipated slaves, and its contemporary interpretation extends beyond the scope of its historical purpose.

During the consideration of the case, Donald Trump became the first sitting U.S. President to personally attend oral arguments before the Supreme Court. Following the issuance of the ruling, he declared his intention to pursue the abolition of birthright citizenship through legislative channels, calling upon Congress to draft the relevant legislation.

U.S. administration maintains that birthright citizenship incentivizes illegal immigration and “birth tourism”, where foreign nationals travel to the United States to secure citizenship for their children. This position highlights concerns over the practice of ensuring American citizenship for children born to non-citizens.

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Author of the material

Maftuna Rajabbayeva

maftuna@dunyo.info

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