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SCOTUS Strikes Down President Trump’s Order Restricting Birthright Citizenship

Articles | July 1, 2026 | by Catholics for Catholics

The president’s executive order sought to exclude children of illegal immigrants and temporary visa holders from automatic citizenship at birth.

By Catholics for Catholics

In a blow to President Donald Trump, the Supreme Court on June 30 struck down his executive order excluding children of illegal immigrants and legal temporary visitors from automatic birthright citizenship.

Chief Justice John Roberts wrote the majority opinion in the case, which is known as Trump v. Barbara, according to a story by The Epoch Times.

“A child born on American soil and subject to American law was made an American citizen,” Roberts wrote.

Still, justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.

But Justice Brett Kavanaugh agreed in the decision to annul the executive order but disagreed with aspects of the reasoning in the majority opinion.

Trump’s executive order 14160 focuses on the 14th Amendment’s citizenship clause, which states, “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.”

Still, Justice Thomas said the majority was maltreating the amendment “to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text,” referring to the post-Civil War era as the nation rebuilt itself. 

The ruling denigrates the idea of U.S. citizenship “by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens.” 

The amendment was “designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support,” he said. 

“I am not sure that today’s opinion will stand the test of time. The Citizenship Clause ‘added greatly to the dignity and glory of American citizenship.’ Today’s opinion devalues that citizenship,” Thomas wrote.

Trump blasted the ruling on Truth Social.

He acerbically congratulated Chinese leader Xi Jinping “and the Great Country of China, on their massive Birthright Citizenship WIN!”

The regime in China has been accused of trying to undermine the United States by promoting modern birth tourism in which its citizens travel to the United States solely for the purpose of giving birth in the country and obtaining U.S. citizenship for their children.

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