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Trump Eyes Congress to End Birthright Citizenship After Supreme Court Rejects Executive Order

Kennedy SimiyubyKennedy Simiyu
June 30, 2026
Reading Time: 5 mins read
Birthright Citizenship Fight Intensifies As Trump Pushes Congress After Supreme Court Blow

U.S. President Donald Trump in Warren, MI, United States. PHOTO: Donald Trump

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President Donald Trump said Tuesday that Congress should move quickly to end birthright citizenship after the Supreme Court struck down his executive order aimed at limiting it.

In a post on Truth Social on June 30, Trump called the ruling “too bad for our Country” but pointed to a legislative way forward.

Trump Calls on Congress to End Birthright Citizenship

“We can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary!” he wrote.

“Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”

How the Supreme Court Rejected Trump’s Executive Order

The Supreme Court ruled 6-3 against Trump’s order, with Chief Justice John Roberts writing the majority opinion.

He said children born in the United States to parents who are unlawfully or temporarily present “are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause.”

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Roberts was joined by Justice Amy Coney Barrett and the court’s three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson.

Justice Brett Kavanaugh agreed with the outcome but on narrower grounds, saying the order violated a 1940 federal statute on citizenship. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented.


Also Read: Supreme Court Upholds Birthright Citizenship, Rejecting Trump’s Constitutional Challenge


Alito wrote that the court had made “a serious mistake.”

The decision upholds a principle based in the 14th Amendment, ratified in 1868 after the Civil War.

Its Citizenship Clause 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.”

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Trump signed the executive order instructing federal agencies to stop issuing citizenship documents to U.S.-born babies if their parents entered illegally or lack permanent legal status.

The U.s. Supreme Court Is Seen Monday, Sept. 21, 2020.
The U.S. Supreme Court is seen Monday, Sept. 21, 2020. PHOTO: Courthouse News

The order was blocked by multiple district judges and never took effect. Two appellate courts upheld those injunctions.

During oral arguments in April, Trump became the first sitting president to attend in person.

The justices signaled then that they were likely to side against the administration’s reading of the Constitution.

Had the order stood, it would have affected tens of thousands of babies born each month to undocumented immigrants or temporary visitors.

Trump Says Congress Can Accomplish What the Courts Blocked

Trump’s Truth Social post came within hours of the ruling. He described the court’s decision as a setback but not the end of the road.

He just shifted the fight to Capitol Hill, where Republicans hold majorities in both chambers.

The president’s call puts pressure on GOP lawmakers to draft and pass legislation that would reinterpret or limit who qualifies for birthright citizenship.

Trump and other critics of birthright citizenship say it encourages illegal immigration and creates incentives for people to come to the U.S. just to have children who gain automatic citizenship.

Democrats Defend Birthright Citizenship After the Ruling

Democrats in the Congress who have welcomed the ruling argue it is a core American value that has defined the country for more than 150 years and cannot be undone without amending the Constitution.


Also Read: Majority of Americans Support Birthright Citizenship, Putting Trump in a Tight Spot


The Supreme Court’s ruling closes one chapter but opens another, as Trump’s swift pivot to Congress keeps the issue alive as a political priority.

The case, Trump v. Barbara, tested the limits of executive power over immigration and the meaning of the 14th Amendment’s Citizenship Clause.

The majority held firm to the long-accepted understanding that place of birth, not the status of the parents, determines citizenship in most cases.

What Happens Next as Republicans Prepare a Legislative Push

Meanwhile, Trump’s Department of Justice has said it will ”prioritize the prosecution of birth tourism schemes across the country.”

DOJ said those who seek to take advantage of loopholes to obtain automatic citizenship for their children pose a national security threat.

Save America Act Gets Major Boost As Johnson Reveals New Reconciliation 3.0 Plan
President Donald Trump with Speaker Mike Johnson. PHOTO/Speaker Mike Johnson (X)
Tags: Birthright citizenshipDonald TrumpSupreme Court
Kennedy Simiyu

Kennedy Simiyu

Kennedy Simiyu is an International News Correspondent for The Kenya Times, with more than six years of experience covering politics, governance, and global affairs. His work centers on major international developments, trending political stories, and breaking news that shapes global conversations. He focuses on producing timely digital reports supported by careful research and verified information. Simiyu holds a bachelor’s degree in information science. He can be reached at [email protected]

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