30 Jun 2026, 17:59
Upper Court in the US Rules on Trump’s Citizenship Order for Children
- The Supreme Court in the US has ruled that Trump’s order on citizenship for children is unconstitutional.
- The ruling concerns children whose parents are not citizens of the United States and who are not eligible for a “green card,” but who were born in the US.
- The decision was based on the 14th Amendment’s citizenship clause.
The U.S. Supreme Court upheld a lower court’s ruling against Donald Trump’s order on citizenship for children. The court found that the order violates the Constitution of the United States.
Trump signed the order on his first day in office. The order would have changed, in particular, the way citizenship is determined by birth, limiting it to people who meet certain requirements.
In a document obtained by the court, the judge cited that the order would violate the rights of children who were born in the US or whose parents are not citizens of the United States or do not have a “green card” — by undermining the existing mechanism.
The court noted that the order would violate the 14th amendment. The court explained that the amendment guarantees citizenship to children born in the United States.
The lawsuit was about the issue of the Citizenship Clause. Its wording is: “All persons born or naturalized the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
At issue was Trump’s argument that the phrase “subject to the jurisdiction thereof” should be interpreted differently, meaning that children born to parents who are not citizens of the United States would not automatically be citizens. The court rejected that interpretation, saying that the clause applies to all children born in the US, regardless of their parents’ status.
In his dissenting opinion, D. John Sauer, a general counsel, wrote that citizenship means “the priceless and profound gift of American citizenship” that “rewards illegal aliens”… In response, Trump’s lawyer argued that the decision was based on religious discrimination. The judge said that the court’s ruling would allow children to remain in the US.
In addition, the court said that citizenship for children born in the US cannot be denied because of their parents’ immigration status. The American Civil Liberties Union (ACLU) said that the ruling was a victory.
Meanwhile, the mother said that the court’s decision was in line with the jus sanguinis principle — “right of blood,” under which citizenship is determined by parents’ nationality. For the US, the court noted, the jus soli principle applies: children born in the country are citizens, and the decision confirms that they should have “settled status.”
Tags: USA/Politics