katero
Jun 30, 2026

After his Supreme Court loss, Trump calls on Congress to pass a law banning birthright citizenship

Supreme Court rejects Trump's attempt to limit birthright citizenship01:47June 30, 2026, 4:13 PM EDTBy Allan Smith

President Donald Trump on Tuesday brushed off a major loss at the Supreme Court, whose 6-3 decision struck down one of his signature initiatives: an effort to limit birthright citizenship.

Trump and some of his congressional allies quickly said they weren’t fully giving up the fight, saying they believed a path forward was to pass a law containing the same provisions as his defeated order. But with the current makeup of Congress, that legislation would be dead on arrival.

“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 posted to his Truth Social platform. “No long and unwieldy Constitutional Amendment is necessary! 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 case was near and dear to Trump. In April, he attended a Supreme Court hearing on the case, becoming the first sitting president to ever go to oral arguments.

Trump’s executive order, which was quickly put on hold by lower courts after he signed it the day he took office, would have limited birthright citizenship to those with at least one parent who is a U.S. citizen or permanent resident — meaning children born in the U.S. to temporary visitors, those on student visas or work permits, or undocumented immigrants would not be citizens at birth.

Five of the six justices who found the order to be unlawful said it ran afoul 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.” The sixth justice, Brett Kavanaugh, who was nominated by Trump, said the order violated the law but not the Constitution.

With a majority ruling that the executive order ran afoul of the 14th Amendment, a constitutional amendment would likely be necessary to achieve the president’s goal.

“Recall for a constitutional amendment to be adopted: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states,” tweeted Sen. John Cornyn, R-Texas, who previously served as his state’s attorney general and as a member of the Texas Supreme Court.

Crowds outside Supreme Court cheer at birthright citizenship decision02:25

Even if a legislative fix could nullify the high court’s concerns, it would face steep headwinds: Republicans would require 60 votes to pass an effort curtailing birthright citizenship through the Senate, where they currently hold 53 seats — some by senators who would be unlikely to support such a measure.

They could also move to eliminate the legislative filibuster — dropping that 60-vote threshold down to 50 — another proposition faces significant Republican opposition. Senate Majority Leader John Thune, R-S.D., has repeatedly told Trump that Republicans do not have the votes to do that.

One of the president’s top advisers acknowledged the significance of the ruling as a setback for Trump’s anti-immigration efforts.

“One of the most destructive and outrageous decisions in the long history of the Supreme Court,” White House deputy chief of staff Stephen Miller tweeted. “American citizenship is not the birthright of the world. It belongs only and solely to Americans. No provision of the Constitution can be read to require our national self-obliteration.”

Some congressional Republicans called to advance legislation or a constitutional amendment in the aftermath of the ruling.

Sen. Eric Schmitt, R-Mo., a key Trump ally, said Tuesday he will be introducing such a constitutional amendment framed around Trump’s executive order.

“Congress and the American people have the power to restore integrity and meaning to citizenship by limiting it to those who owe allegiance and loyalty to our nation,” he said in a statement. “Our generation’s existential threat is a hostile takeover through mass migration.”

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