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Supreme Court Upholds Birthright Citizenship 6-3, Strikes Down Trump Order (Trump v. Barbara, June 2026)

June 30, 2026

On June 30, 2026, the U.S. Supreme Court ruled 6-3 in Trump v. Barbara that the Fourteenth Amendment guarantees birthright citizenship, striking down President Trump's Day-1 executive order that sought to deny citizenship to U.S.-born children of undocumented or temporary-status parents. Chief Justice John Roberts wrote for the majority, joined by Justices Sotomayor, Kagan, Barrett, and Jackson, holding that such children are "subject to the jurisdiction" of the United States and are citizens at birth; Justice Kavanaugh concurred in the judgment on statutory grounds, while Justices Thomas, Alito, and Gorsuch dissented. Trump called the decision "too bad for our Country" and urged Congress to pass legislation restricting birthright citizenship, promising his "Complete and Total Support." The ruling drew celebration from Democrats and calls from Republicans, including Sen. Lindsey Graham, for legislation or a constitutional amendment.

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The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation... No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship... They will have my Complete and Total Support!

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For years, I have been pushing legislation and a constitutional amendment to change the United States' policy on birthright citizenship. I am determined more than ever to put an end to this major magnet for illegal immigration and birth tourism. When I am chairman of the Senate Judiciary Committee next year, I will make this one of my top priorities.

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For 250 years, America has been a nation made stronger by immigrants. The framers of the Fourteenth Amendment wove that value into our Constitution, affirming that those born on American soil are citizens. No matter how much President Trump tries to steal citizenship from people that the Constitution has said have earned it and reverse the grand American tradition of welcoming newcomers to our nation, the Supreme Court confirmed today that those born in America are American.