Washington, D.C. — The U.S. Supreme Court ruled Tuesday that President Donald Trump cannot deny birthright citizenship to children born in the United States to parents who are undocumented or in the country temporarily.
In a 6-3 decision, the Court rejected Trump’s executive order, which was signed on his first day back in office and sought to redefine the 14th Amendment’s Citizenship Clause. The order would have affected more than 250,000 children born in the United States each year, according to reporting cited in the case.
Chief Justice John Roberts wrote for the majority, relying on the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which held that children born on U.S. soil are citizens at birth unless they fall under narrow exceptions, such as children of foreign diplomats.
The Trump administration argued that children of undocumented immigrants and temporary visa holders are not fully “subject to the jurisdiction” of the United States. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
Civil rights groups, including the ACLU, praised the ruling as a defense of a long-standing constitutional guarantee. The decision leaves birthright citizenship intact unless Congress and the states pursue a constitutional amendment.
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