The ruling recognizes that “children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction,’” so “they are citizens from birth under the citizenship clause of the Fourteenth Amendment.”
The decision was taken by five votes in favor and four against of the justices that make up the court and maintains an interpretation of the Constitution that, for more than 150 years, considers almost any person – with exceptions, such as the children of diplomatic officials – who is born in the country to be an American.
Justice Brett Kavanaugh partially dissented, not sharing the maximalist interpretation of the citizenship clause, although He also does not support Trump’s decree that would eliminate, de facto, citizenship by birth.
Three other judges considered conservative disagreed with the majority vote by not recognizing birthright citizenship as a “fully” automatic right.
Trump had promised during the campaign to limit automatic citizenship for the children of irregular migrants, measure that he signed the same day he assumed his second termon January 20, 2025, and began a period of more restrictive anti-immigration policies.
The order, which would affect about 255 thousand children a yearis annulled with the decision of the Supreme Court, which analyzes in the ruling what it means to be a US citizen and concludes “that someone born in the United States and subject to its laws falls within the scope of citizenship by birth.”
The tenant of the White House attended the public session of the Supreme Court in April in which the legality of the order was debatedthe first time a sitting US president has witnessed oral arguments before the highest court.
The American president has argued that the Fourteenth Amendment has been misinterpreted and has assured that the United States is the only country that automatically grants citizenship to those born in its territory, a false statement, since thirty countries also recognize that right.
Trump has assured that the Fourteenth Amendment, passed after the Civil War to correct the “Dred Scott v. Sanford” ruling of 1857, and guarantee citizenship to former slaves and their descendants, was only intended granting that right “to children of slaves”.