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Supreme Court Affirms Birthright Citizenship

July 18, 2026

WASHINGTON – The U.S. Supreme Court on Tuesday affirmed birthright citizenship, a decision that rejected an executive order former President Donald Trump issued at the start of his second term. The ruling defines a person's citizenship based on their place of birth within the United States.

The executive order, issued on Trump's inauguration day for his theoretical second term, aimed to alter the long-standing interpretation of the 14th Amendment's citizenship clause. The clause 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."

Legal scholars and civil rights organizations widely anticipated a challenge to the executive order. Proponents of birthright citizenship argued that the 14th Amendment's language clearly establishes citizenship for individuals born on U.S. soil, regardless of their parents' immigration status. Opponents of birthright citizenship, including those who supported Trump's executive order, contended that the phrase "subject to the jurisdiction thereof" excludes children of undocumented immigrants.

The Supreme Court's decision maintains the current understanding of birthright citizenship. It reinforces the legal precedent that has been in place for over a century, which grants citizenship to most individuals born within the nation's borders.

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