WASHINGTON—The Supreme Court today ruled 6-3 in Trump v. Barbara that President Trump’s 2025 executive order cannot end birthright citizenship for children born in the U.S. to illegal alien parents. The Court rejected an interpretation of the 14th Amendment’s Citizenship Clause that would have correctly applied its requirements, considering the history and traditions surrounding it.  

Heritage Foundation and Heritage Action president Dr. Kevin Roberts made the following statement:

“The Supreme Court’s refusal to overturn universal birthright citizenship is a profound disappointment. Though Justices Thomas, Alito, and Gorsuch ruled to overturn decades of unconstitutional precedent, the rest of the Court has failed the American people. Birthright citizenship has served as a magnet for illegal immigration and undermined both the rule of law and the sacred honor of American citizenship. If the courts will not correct this error, then we will. 

“The Heritage Foundation and Heritage Action will lead the fight for a constitutional amendment making clear that citizenship is reserved for those who are lawfully part of the American republic. We will work with lawmakers, state leaders, and grassroots conservatives across the country to advance this effort. America's future depends on restoring the integrity of citizenship, and we intend to see that fight through to victory.”  

Zack Smith, senior legal fellow and manager of The Heritage Foundation’s Supreme Court and Appellate Advocacy Program, added the following:

“It’s unimaginable that those who adopted and ratified the 14th Amendment would have understood it to require the children of those in our country temporarily or illegally to automatically become U.S. Citizens.

“The Supreme Court ignored the evidence that the 14th Amendment’s ‘subject to the jurisdiction thereof’ language had a definite meaning at the time it was adopted, consistent with the idea today that only the children of U.S. citizens or potentially those who are here on a permanent basis themselves automatically become U.S. citizens.

As Justice Samuel Alito summed up in his dissenting opinion, 'This is one of the most important decisions in the history of the Court, and... the Court has made a serious mistake.'”

Lora Ries, director of Heritage’s Border Security and Immigration Center, also noted the following:

“The majority opinion is judicial activism at its worst. Americans, not the rest of the world, get to decide who receives U.S. citizenship. It is time for Americans to get acquainted with amending the U.S. Constitution and to successfully pass an amendment that expressly states receiving U.S. citizenship by birth requires a U.S. citizen parent.”