Trump calls on Congress to end birthright citizenship after Supreme Court loss

WASHINGTON – President Donald Trump called on Congress to take action ending birthright citizenship after the Supreme Court ruled against his efforts to undo the long-standing principle that all individuals born in the United States are American citizens.

Trump on June 30 expressed disappointment in his first public statement on the court's 6-3 decision, which blocked a 2025 executive order he issued that sought to prevent children of immigrants in the country illegally from automatically becoming U.S. citizens because they were born on American soil.

Yet the president also argued there's a legislative path to accomplish his goal ‒ though doing so would seemingly require a constitutional amendment, despite Trump claiming otherwise. 

"The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process," Trump wrote in a post on Truth Social.

"No long and unwieldy Constitutional Amendment is necessary!" the president added. "Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!"

The Supreme Court's decision marks a major blow to Trump's hardline immigration agenda centered on large-scale deportations of immigrants in the country unlawfully.

Writing for the majority, Chief Justice John G. Roberts Jr. said children born to parents who are unlawfully or temporarily in the United States satisfy the citizenship clause of the 14th Amendment, which states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Roberts was joined by two conservative justices appointed by Trump, Amy Coney Barrett and Brett Kavanaugh, and the three liberal justices, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor. Kavanaugh wrote that he based his decision on federal law, not the Constitution. Three of the court's other conservatives – Justices Clarence Thomas, Samuel Alito and Neil Gorsuch – dissented.

Because a majority of justices found that birthright citizenship is constitutionally protected under the 14th Amendment, prohibiting the policy would seemingly require amending the Constitution, which would need support from two-thirds of both chambers of Congress.

Kavanaugh, in his his concurring opinion, said Congress could establish exceptions to birthright citizenship for children born to people in the country illegally. However, Kavanaugh's position did not reflect the majority opinion of the court.

It also appears unlikely Trump would have the votes in Congress to pass legislation overturning birthright citizenship. Republicans hold a thin 218-212 majority in the House and a 53-47 majority in the Senate, where Republicans would probably need 60 votes to break a potential Democratic filibuster.

Passing legislation to redefine who qualifies for citizenship would be an even tougher climb ahead of the 2026 midterm elections.

Sen. Lindsey Graham, R-South Carolina, and Rep. Brian Babin, R-Texas, two Trump allies, introduced legislation last year to ban birthright citizenship. The text of their bill acknowledges the right of birthright citizenship under the 14th Amendment but defines persons who are "subject to the jurisdiction" of the United States as individuals whose parents are either U.S. citizens or nationals, aliens permitted to reside in the U.S., or immigrants with lawful status to serve in the armed forces.

The bill would not affect the citizenship or nationality status of any person born before the bill's enactment date.

"For years, I have been pushing legislation and a constitutional amendment to change the United States’ policy on birthright citizenship," Graham said in a statement after the Supreme Court's ruling. "While I’m disappointed in the Court’s decision regarding birthright citizenship, I am determined more than ever to put an end to this major magnet for illegal immigration and birth tourism."

Contributing: USA TODAY's Maureen Groppe

Reach Joey Garrison on X @joeygarrison.