President Donald Trump is urging Congress to pass legislation to end birthright citizenship after the U.S. Supreme Court rejected his executive attempt.
The ruling marks a significant legal defeat for the administration's immigration strategy, as it reaffirms the constitutional protections of the 14th Amendment. By blocking the executive order, the court has shifted the burden of changing citizenship laws from the White House to the legislative branch.
The Supreme Court issued its decision on Tuesday, June 25, 2026 [1], ruling that the executive order Trump issued to limit birthright citizenship was unconstitutional. The court found that the 14th Amendment’s citizenship clause remains intact and cannot be overridden by a presidential directive.
Trump had issued the original executive order on Jan. 20, 2025 [2], during the first day of his second term. The order sought to limit the automatic granting of citizenship to children born in the U.S. to non-citizen parents.
Following the court's decision, Trump shifted his focus toward the U.S. Capitol. "Congress must act to end birthright citizenship," Trump said [3].
Legal experts noted that the ruling clarifies the boundaries of executive power regarding constitutional rights. A legal analyst from Newsweek said, "The Supreme Court’s decision underscores that the 14th Amendment’s citizenship clause cannot be overridden by an executive order" [4].
The administration now faces the challenge of securing a legislative majority to achieve its goals. Ending birthright citizenship through a law, or a constitutional amendment, would require significantly more political consensus than an executive order.
“"Congress must act to end birthright citizenship."”
This development underscores the enduring legal strength of the 14th Amendment and the limits of executive authority in the United States. Because the Supreme Court has ruled that a president cannot unilaterally alter citizenship rules, any future change will require a legislative act or a constitutional amendment, both of which face high political hurdles in a divided government.
