Birthright citizenship is based on the 14th Amendment of the U.S. Constitution, which guarantees that anyone born in the United States and “subject to the jurisdiction thereof” is a U.S. citizen. This rule has long applied even to children born to undocumented immigrants or temporary visitors.
In January 2025, President Donald Trump signed Executive Order 14160, aimed at denying citizenship to children born in the U.S. if their parents are in the country illegally or only temporarily. This sparked immediate backlash from immigrant rights groups, who argue that the executive order goes against the Constitution.
After Trump’s executive order was issued, federal courts quickly stepped in and blocked its enforcement with nationwide injunctions. But on June 27, the Supreme Court ruled 6–3 that federal district courts had overstepped their authority.
Justice Amy Coney Barrett, writing for the conservative majority, said that lower courts may only issue injunctions that protect the people who actually filed the lawsuit, not block the law across the entire country. This means that while Trump’s order remains on hold for now, it’s only blocked for a limited number of plaintiffs, not for everyone.
Yes—for now. The Court’s ruling did not decide whether Trump’s order is constitutional. Instead, it focused only on the procedure—specifically how courts can pause government actions while cases are pending. So birthright citizenship still stands, but the fight over it will continue in the courts for months, if not years. Justice Barrett made it clear that lower courts have 30 days to narrow their injunctions. In practical terms, this opens the door for the Trump administration to start enforcing the executive order soon—at least for people not directly involved in the lawsuit.
The Court’s three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—dissented. They warned that limiting courts’ ability to block federal actions could allow potentially unconstitutional policies to harm millions before being properly reviewed.
They argued that in cases affecting civil rights, immigration, healthcare, and more, courts need the power to issue broader protections. Without that, executive actions could go unchecked until higher courts finally weigh in—potentially too late for those already impacted.
President Trump called the ruling a “giant win”, saying it strikes back at “radical left judges” who he believes have blocked his policies unfairly. His administration says the decision restores a proper balance between the executive branch and the courts.
Since his return to office, Trump has pushed dozens of executive actions—many of which have been held up by federal judges. These include cuts to foreign aid, changes to diversity programs, rollbacks on immigration protections, and adjustments to election laws.
This ruling doesn’t just apply to birthright citizenship—it makes it much harder for lower courts to freeze other executive orders nationwide, allowing Trump and future presidents to act more freely while legal battles play out.
While the Supreme Court ruling doesn’t end the legal challenge, it shifts the strategy. The main lawsuit will continue, and eventually, the Supreme Court is expected to decide whether ending birthright citizenship is constitutional—possibly as soon as October 2025, according to Attorney General Pam Bondi.
In the meantime, enforcement will vary depending on which state you’re in. Because states issue birth certificates, and many Democratic-led states don’t collect data on parents’ immigration status, they may resist implementing Trump’s policy.
Justice Barrett also acknowledged that states may suffer financial and administrative burdens from the new rule—hinting that lower courts might still justify broader injunctions if specific harms are proven.
This ruling marks a shift in American legal and political power. For decades, both Democratic and Republican presidents have clashed with district courts that blocked their actions. The Supreme Court’s decision now narrows that power, giving the White House more room to operate.
The Congressional Research Service noted that from Trump’s inauguration to April 29, 2025, there were 25 instances where federal courts halted executive actions.
This decision could affect not only immigration, but also climate policies, student loan programs, and workplace rules, giving presidents more control while the courts catch up.
The Supreme Court’s ruling on June 27, 2025, doesn’t eliminate birthright citizenship—but it paves the way for President Trump to start enforcing his order, and it reshapes how the legal system checks executive power.
The next few months will be crucial as lower courts revise their rulings, and states decide how to respond. Meanwhile, the broader debate over constitutional rights, immigration, and presidential power is far from over.
Q1: What did the Supreme Court decide about birthright citizenship?
The Court allowed Trump’s executive order to move forward by limiting court blocks.
Q2: Is birthright citizenship still legal in the U.S. after the ruling?
Yes, but Trump’s policy could change how it’s applied during ongoing court battles.