Residence & CitizenshipEntry PF-880490 · Page 11 · Stamped SEP 29, 2026

US Supreme Court Rejects Trump Bid to End Birthright Citizenship

The US Supreme Court has rejected President Trump's attempt to end birthright citizenship, preserving automatic citizenship for US-born children under the 14th Amendment.

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Entry details

  • The US Supreme Court rejected President Trump's attempt to end birthright citizenship.
  • The Fourteenth Amendment, ratified in 1868, grants citizenship to nearly all persons born on US soil.
  • No application or documentation procedures change; US-born children remain citizens at birth.

The United States Supreme Court has rejected President Donald Trump's attempt to end birthright citizenship, blocking the executive branch's effort to strip automatic citizenship from children born on US soil.

The ruling marks a decisive check on one of the administration's signature immigration moves. Trump had sought to reverse the long-standing practice, rooted in the Fourteenth Amendment, under which virtually anyone born in the United States acquires US citizenship at birth regardless of their parents' immigration status.

What the Court decided

The Supreme Court refused to allow the President's effort to proceed, leaving in place the constitutional guarantee that has governed American citizenship for more than 150 years. Birthright citizenship therefore remains the law of the land for children born in the United States.

The case tested how far a president can go in reinterpreting the Constitution through executive action. Under the Fourteenth Amendment, ratified in 1868, all persons born in the United States and subject to its jurisdiction are citizens. Courts have repeatedly read that language to cover the US-born children of non-citizens, and the justices declined to open the door to a presidential override.

Who is affected

The decision directly affects:

  • US-born children of undocumented immigrants, who retain automatic citizenship at birth.
  • US-born children of temporary visa holders, including tourists, students and guest workers, who likewise keep their claim to citizenship.
  • Expectant parents currently in the United States, who do not face a new category of stateless or non-citizen newborns as a result of federal policy.

Had the administration's position prevailed, an estimated share of the roughly 3.6 million annual births in the United States could have produced children without citizenship documents for the first time since the Civil War era.

What does not change

No application, filing or documentation process changes as a result of this ruling. Parents of children born in the United States can continue to obtain standard proof of citizenship — a birth certificate, and where applicable, a US passport — under existing rules.

Families should continue to follow current procedures. Nothing in the Court's action creates a new deadline, a new form or a new eligibility test. Anyone with questions about a specific case should consult the official guidance of US Citizenship and Immigration Services (USCIS) or a licensed immigration attorney.

Why it matters

Trump made ending birthright citizenship a central pledge of his immigration platform, arguing that the guarantee incentivises unlawful migration. Opponents, including state governments and civil-rights groups, countered that only a constitutional amendment — not an executive order — can alter the citizenship clause.

The Supreme Court's refusal to bless the effort settles the immediate question: the Fourteenth Amendment's citizenship guarantee stands, and no executive action currently overrides it.

Passport File will continue to track any further litigation, executive responses or legislative proposals on birthright citizenship. For authoritative details, readers should consult the Supreme Court's published opinion and official USCIS communications.

via GN Citizenship Law (Source)

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