In June, the Supreme Court ruled against President Trump’s order restricting birthright citizenship for some individuals born in the United States.
Published July 9, 2026
President Donald Trump has announced plans to petition the U.S. Supreme Court to reconsider its recent ruling that invalidated an executive order aimed at curtailing birthright citizenship for certain individuals born in the United States.
Last month, the Supreme Court unanimously rejected Trump’s attempt to restrict birthright citizenship. At a press conference on Wednesday, the president expressed his intention to seek a retrial of the case.
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Trump stated on his social media platform, Truth Social, “American citizenship is not for sale! It is a crime, and therefore the Supreme Court’s decision is wrong.” He emphasized that he would immediately file for a review by the Supreme Court.
The Supreme Court’s 6-3 decision marks a significant setback for Trump’s administration and its ambitions to reshape immigration policy. The ruling solidifies protections for those born in the U.S., a cornerstone of American citizenship.
Upon taking office on January 20, 2025, Trump issued an executive order that prevented parents with temporary legal status and undocumented U.S.-born parents from automatically acquiring citizenship for their children.
Following the ruling, Trump described it as “too bad for our country” and urged congressional Republicans to pursue legislation aimed at limiting birthright citizenship. However, such an initiative may face considerable challenges, as public opinion consistently favors the practice. Furthermore, the Supreme Court’s majority ruling suggests that a constitutional amendment may be necessary for any substantial changes to occur.
Historically, the Supreme Court is reluctant to grant requests for reconsideration, making it improbable that Trump will secure a new hearing. It has been decades since the Court accepted a case for retrial.
Reassessing Immigration Policy
Since assuming office, President Trump has been examining comprehensive reforms to nearly all aspects of immigration in the United States.
In prior months, the Court has sided with the administration in several immigration-related matters, allowing the president to rescind “temporary protected status” for residents from certain crisis-affected countries and to employ controversial methods to prevent asylum seekers from accessing U.S. territory, where legal protections are mandated.
However, the Supreme Court rejected Trump’s directive concerning birthright citizenship, affirming that it contravened the Fourteenth Amendment, which guarantees citizenship to individuals born on American soil “subject to the power of justice.”
Human rights organizations hailed this decision. Cecilia Wang, an attorney with the American Civil Liberties Union (ACLU) who represented challengers in the case, remarked that the ruling “reaffirms America’s fundamental promise: if you are born here, you are a citizen.”
A report from the Pennsylvania Immigration Policy Institute, released in May, projected that around 255,000 children born annually in the United States would be denied citizenship under this directive, potentially increasing the undocumented population by 2.7 million by 2045. The report underscored concerns that the order could engender a lasting multigenerational underclass, with U.S.-born individuals facing social disadvantages inherited from their parents, grandparents, and great-grandparents.
