The U.S. Supreme Court on Tuesday reaffirmed the constitutional guarantee of birthright citizenship, striking down an executive order that sought to deny automatic U.S. citizenship to children born in the country to illegal immigrants and certain temporary foreign residents.
In a 6-3 decision, the Court ruled that the executive order violated the Citizenship Clause of the 14th Amendment, which provides that all persons born or naturalized in the United States and subject to its jurisdiction are citizens.
Chief Justice John Roberts, writing for the majority, said the Constitution’s language and longstanding legal precedent leave little room for exceptions based on a parent’s immigration status.
The ruling reaffirmed the Court’s landmark 1898 decision in United States v. Wong Kim Ark, which established that nearly all children born on U.S. soil are entitled to American citizenship.
The majority concluded that children born to parents who are illegally or temporarily present in the United States remain subject to U.S. jurisdiction and therefore qualify for citizenship at birth.
Three conservative justices dissented, arguing that the Constitution’s original meaning does not necessarily extend birthright citizenship to children of non-permanent residents.
Supporters of the ruling hailed it as a major victory for constitutional rights and immigrant communities, while critics called for Congress to revisit the issue through legislation.
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