The Supreme Court on Tuesday dealt a significant blow to President Trump's immigration agenda, striking down his executive order that sought to restrict birthright citizenship. The 6-3 ruling, with Chief Justice John Roberts writing for the five-justice majority, reaffirmed that children born on U.S. soil to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment.
This decision upholds more than a century of legal precedent, rejecting an effort to redefine citizenship without congressional approval. Immigration advocates are celebrating, but the ruling was largely anticipated, as legal battles continue over other administration policies like speedy deportations and citizenship revocations.
Chief Justice Roberts wrote, "Children born in the United States to parents unlawfully or temporarily present are 'subject to the jurisdiction' of the United States and are citizens at birth." Justice Clarence Thomas dissented, arguing that many applications of the president's order were consistent with the Citizenship Clause's original public meaning.
Even with birthright citizenship intact, experts warn the federal government can still erect barriers to associated rights. Robert Chang of UC Irvine Law School noted that where citizenship is a requirement, "the federal government has so many levers to push," signaling ongoing challenges for advocates.
The court's decision is just one piece of a broader legal and political struggle over immigration policy. As Efren Olivares of the National Immigration Law Center put it, "We need to keep fighting."