Birthright citizenship is the principle that most people born on U.S. soil automatically become U.S. citizens under the Citizenship Clause of the 14th Amendment, which says that all persons born in the United States and "subject to the jurisdiction thereof" are citizens. [abcnews.com], [cnbc.com]
During his second term, Donald Trump issued an executive order seeking to deny automatic citizenship to some children born in the United States to parents who were in the country unlawfully or temporarily. [scotusblog.com], [abcnews.com]
The policy was challenged in court, and on June 30, 2026, the U.S. Supreme Court rejected the executive order by a 6-3 vote. The Court held that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the 14th Amendment. Chief Justice John Roberts wrote that the Constitution's Citizenship Clause applies to those children. [apnews.com], [cnbc.com], [scotusblog.com]
As a result:
- Birthright citizenship remains in effect in the United States. [apnews.com], [abcnews.com]
- The executive order did not take effect. [scotusblog.com]
- The Court's ruling was based on its interpretation of the Constitution, meaning a constitutional amendment, rather than ordinary legislation, would generally be required to overturn that interpretation. [apnews.com]
Supporters of Trump's position argue that the phrase "subject to the jurisdiction thereof" should be interpreted more narrowly and was not intended to cover all children of non-citizens. Opponents argue that over a century of legal precedent and the text of the 14th Amendment support automatic citizenship for nearly everyone born in the United States.
Donald Trump asked the U.S. Supreme Court to consider whether his executive order limiting birthright citizenship could take effect. The administration argued that children born in the United States to parents who were in the country unlawfully or only temporarily should not automatically receive U.S. citizenship. [scotusblog.com], [abcnews.com]
The Supreme Court ultimately heard the issue and ruled against Trump's position. In a 6-3 decision issued on June 30, 2026, the Court held that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the Citizenship Clause of the 14th Amendment. [apnews.com], [cnbc.com], [scotusblog.com]
A key point is that the Court did not simply refuse to hear the case. It accepted the dispute, considered the arguments, and then rejected the executive order on constitutional grounds. Chief Justice John Roberts, writing for the majority, concluded that the Constitution's citizenship guarantee applies to those children. [apnews.com], [scotusblog.com], [abcnews.com]
So, in short: Trump did ask the Supreme Court to hear the birthright citizenship issue, and the Supreme Court heard it but ruled against his effort to restrict birthright citizenship.