The Supreme Court

BIRTHRIGHT BUST: High Court Rejects Trump’s Executive Order on Citizenship

posted by Hannity Staff - 6.30.26

President Trump’s effort to end birthright citizenship by executive order suffered another major defeat Tuesday after the Supreme Court ruled that the policy violates the Constitution.

In a ruling that had been widely anticipated by legal experts, the high court rejected Trump’s Day One executive order that sought to deny automatic U.S. citizenship to children born on American soil to illegal immigrants and certain temporary visitors, including tourists.

The order had been tied up in the courts for months amid a constitutional challenge centered on the Citizenship Clause of the 14th Amendment, which declares that, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

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The administration argued that the phrase “subject to the jurisdiction thereof” does not extend to children born to people who are in the country illegally or temporarily. Opponents countered that more than a century of Supreme Court precedent forecloses that interpretation.

The Immigration and Nationality Act of 1952 further codified the longstanding understanding of birthright citizenship, providing that citizenship at birth applies to “a person born in the United States, and subject to the jurisdiction thereof.”

Trump personally attended oral arguments before the Supreme Court on April 1, becoming the first sitting U.S. president to appear in person during arguments before the nation’s highest court.

Despite the administration’s defense of the order, court watchers had expressed skepticism that a president could unilaterally redefine birthright citizenship through executive action without Congress amending federal law or the Constitution itself.

This story is developing…