No Borders NewsThe U.S. Supreme Court has ruled against a Trump administration attempt to end birthright citizenship. The decision keeps in place the constitutional rule that people born in the United States are citizens.
According to a press statement from the Immigrant Legal Resource Center (ILRC), the Court rejected the administration’s executive order on both constitutional and immigration-law grounds. The Court’s split was 5–4 on whether the order violated the 14th Amendment, and 6–3 on whether it violated the Immigration and Nationality Act.
Chief Justice John Roberts wrote for the majority that citizenship is the right to have rights and to participate in the political community. The ILRC also highlights a concurrence by Justice Ketanji Brown Jackson emphasizing that the 14th Amendment’s citizenship guarantee applies universally and is tied to preventing a system of racial caste.
Justice Brett Kavanaugh dissented on the constitutional question but agreed with the majority on the statutory question. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented on both issues.
The practical effect of the ruling is that the administration cannot use an executive order to change the constitutional citizenship guarantee for people born in the U.S. ILRC says it will continue working with partners to challenge immigration policies it views as unlawful.