Major blow to Trump as US Supreme Court keeps birthright citizenship intact
Washington DC, June 30
The US Supreme Court on Tuesday struck down President Donald Trump's executive order and upheld birth right citizenship for all children born in the United States.
American broadcaster CNN shared the court document, which mentioned that children born in the United States to parents who are unlawfully or temporarily present in the country are entitled to automatic US citizenship under the Citizenship Clause of the Fourteenth Amendment.
The Court also relied on its earlier ruling in United States v. Wong Kim Ark, which established that children born in the US to foreign parents are entitled to birthright citizenship.
This comes as earlier in May, Trump wrote that a "negative ruling on Birthright Citizenship, on top of the recent Supreme Court Tariff catastrophe, is not Economically sustainable for the United States of America!", the New York Times reported.
It further reported that three of the court's conservatives -- Justices Clarence Thomas, Neil M. Gorsuch and Samuel A. Alito Jr. -- dissented. Justice Brett M. Kavanaugh joined the court's majority to strike down the executive order, but he said he based his decision on a federal law, not on the Constitution.
The New York Times further underlined that civil rights groups on Tuesday rejoiced as the Supreme Court struck down the Trump administration's executive order.
Deborah Fleischaker, a former Homeland Security official now with the Latino group UnidosUS, called it "a huge relief."
CNN reported that one of the main arguments that President Donald Trump's attorneys had raised was that the 14th Amendment required people to be domiciled -- or with the intention of remaining -- in the United States before being entitled to birthright citizenship.
On the hearing, the American broadcaster reported that Chief Justice John Roberts said, "Citizenship, then and now, was the right to have rights -- to freely participate in our political community," Roberts wrote for the court. "The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land.' We keep that promise today."
The major blow to Trump comes as one of the key issues on which he ran for the 2nd term was towards ending "birth tourism" with Trump 2.0 coming down heavily on both legal and illegal immigration.
— ANI
Reader Comments
This is wonderful news! 🇮🇳 Many Indian families benefit from birthright citizenship. My cousin's child was born in California and they were worried about Trump's order. The court rightly upheld the Constitution. Birth tourism is a separate issue that can be addressed through other means, not by denying basic rights.
I think this is a complex issue. While I support the rule of law, unlimited birthright citizenship does create incentives for illegal immigration and birth tourism. India has its own challenges with illegal immigration from Bangladesh. However, the Supreme Court's job is to interpret the Constitution, not policy. Trump should have gone through Congress.
As someone who works in tech in Bangalore with many US-bound colleagues, this ruling gives clarity. Birthright citizenship is a fundamental right that has existed since 1868. Trump's executive order was an overreach. The dissent by Thomas, Gorsuch and Alito shows the ideological divide, but Kavanaugh siding with the majority was crucial.
This is a huge relief for so many families! 😊 The 14th Amendment's Citizenship Clause is the bedrock of American inclusivity. India's own citizenship laws are different, but we can learn from how the US judiciary protects constitutional rights. Chief Justice Roberts' words about citizenship being the 'right to have rights' were very moving.
While I respect the court's decision, I have mixed feelings. US birthright citizenship encourages 'birth tourism' which is essentially exploiting the system. Many well-off Indians use this to secure US citizenship for their children. A more balanced approach might have been better. But legally, the court is right - the
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.